Loading...
HomeMy WebLinkAboutLos Angeles, City of / Bd of Harbor Commissioners; 1996-12-31; 1419-7- 'F 1T - 'T! Date December 31 To File 0 Reply Wanted From Isabelle Paulsen UNO Reply Necessary On this date, Kris Ryge, Planning, was sent five original agreements with the Port of Los Angeles and five original agreements with Merkel and Associates as requested. Council Meeting December 17, 1996 Resolution No. 96-435. > 3 m a HARBOR DEPMlJd llGREENlENT 1 I E tlTY M tOS ANGE LAHD AGREEDENT NO. 1419-7 REIMBURSEME”I’ AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CITY OF LOS ANGELES FOR LONG TERM BIOLOGICAL MONITORING OF THE BATIQUITOS LAGOON ENHANCEMENT PROJECT THIS AGREEMENT is made this /OK day of d(iL/cez”$c;c 1996, between the CITY OF CARLSBAD, 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 BOARD. RECITALS WHEREAS, BOARD and CITY are nearing completion of a project identified as the enhancement of Batiquitos Lagoon (Project) as mitigation for Los Angeles Harbor fills; and (“MOA”) with various- federal and state agencies which established procedures and responsibilities for design, construction and maintenance of the Project; and CITY has during the course of Project development accepted permit conditions requiring CITY to monitor the Project; and WHEREAS, CITY has received proposals and is now proposing to award a contract for the long term monitoring of the completed project; and WHEREAS it is necessary for CITY and BOARD to enter into an Agreement to complete the MOA and fulfill the monitoring/permit requirements; and WHEREAS, BOARD will fund the amount necessary to monitor the Project and to assist City with administration of the Project monitoring. Now, THEREFORE, in consideration of the covenants and conditions, it is agreed as follows: 1. Carlsbad‘s Retention of Consultant. CITY will engage the firm of Merkel and Associates, Inc. hereinafter referred tc as CONSULTANT to perform all the services necessary tc WHEREAS, BOARD and CITY are parties to an Agreement WHEREAS, 1 T f 0 0 complete the long term biological monitoring services for the Batiquitos Project as described more specifically in Agreement between CITY and CONSULTANT. 2. BOARD'S Reimbursement for CITY Costs. Unless this agreement is first amended in writing by BOARD and CITY, the not-to- exceed amount of this reimbursement agreement is $1,883,876 (see Exhibit 1) for i) long term biological monitoring consultant costs incurred through CITY Contract with CONSULTANT at a not-to-exceed $1,794,168 (Exhibit 2) and ii) CITY administrative costs associated with this CONSULTANT'S agreement at a not-to-exceed $89,708 (Exhibit 1). CONSULTANT costs shall be based on the compensation provisions of the CITY - CONSULTANT agreement (Exhibit 2). CITY shall be compensated at a rate of five (5) percent of CONSULTANT invoices. Properly prepared invoices of CONSULTANT shall be forwarded to CITY and BOARD for direct payment to CONSULTANT by BOARD in a timely manner. Upon approval of CONSULTANT invoices, CITY administrative costs shall be paid to CITY using the form attached as Exhibit 3. 3. Availabilitv of Fundinq. The Board's obligation for payment of any contract funds beyond the current fiscal yearend is contingent upon the availability of funding from which payment can be made. No legal liability on the part of the Board shall arise for payment beyond June 30 of the calendar year unless funds are made available for such performance. 4. Project Directors. Both BOARD and CITY shall appoint one (1) Project Director each to represent BOARD and CITY to administer the project in the following way: a. The Project Directors shall have joint authority to authorize and execute monitoring change orders increasing or decreasing the contract amount in excess of $50,000 per change order as long as any increases do not exceed the CONSULTANTS $100,000 contingency amount of Exhibit 1 to this agreement. Changes in excess of the amounts specified in Exhibit 1 shall be approved in advance by CITY and BOARD. Project Directors have joint authority to move funds between tasks specified in Exhibit 2.B., and to approve increases and decreases to the contract time. CITY agrees it will not amend or terminate the Consultant agreement without approval from BOARD'S Executive Director. b. For the purposes of this paragraph 4 and other paragraphs of this agreement, the "joint authority" of the parties shall be defined as the mutual obligation to 2 t t 0 0 meet and confer in good faith with joint authorization occurring if the parties are in agreement. In the event that, after meeting and conferring in good faith, the parties are unable to agree, a meeting of the City Manager and the BOARD'S Executive Director shall be held to resolve the item in dispute. 5. AcceDtabilitv of Consultant Work. In the event the BOARD or CITY through their Project Directors are not satisfied with CONSULTANT'S work then CITY Project Director shall be obliged to meet and confer in good faith with BOARD Project Director to correct the dissatisfaction in accordance with the 'joint authority" provisions of paragraph 4.b. Above. 6. ADDointment of Project Directors. Board's Executive Director and the CITY'S City Manager shall each appoint a Project Director for the Project. It is understood that the Project Directors initially appointed are: Mr. Gary Wayne for the CITY and Dr. Ralph Appy for the BOARD. Should one or both of the Project Directors need to be replaced over the term of the agreement, then the new Project Director(s) must be acceptable to both the Executive Director and City Manager. Acceptance of the Project Director shall be by written notification. 7. Term. The term of this reimbursement agreement is 3923 days from the date of the last signature. 8. ProDrietarv Information. The work product of CONSULTANT retained by CITY shall be owned jointly by CITY and BOARD and shall not be released to any other party or used for any purpose by the CONSULTANT without the consent of both CITY and BOARD Project Directors. /////I ////// ////// 3 1 * m 0 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF LOS ANGELES, by and through its Board of Harbor Commissioners APPROVED AS TO FORM: BY -$k---J tL/X, 1996 L RONALD R. B Attorney ' /-? APPROVED AS B 4 7 3 Exhi e 0 LAHD REIMBURSEMENT AGREEMENT 1419-7 EXHIBIT 1 CONTRACTUAL SERVlCES AND CARLSBAD ADMINISTRATAIVE SERVICES FOR LONG TERM MONITORING PROGRAM FOR THE BATIQUITOS LAGOON ENHANCEMEIVT PROJECT I. SUBAGREEMENT 1 -CONSULTANT SERVICES Merkel & Associates, Inc. - Contract Amt. $ 1,694,168 Long Term Monitoring Services Contingency $ 100,000 City of Carlsbad Agmt. $ i,794,16a II. SUBAGREEMTN 2 - CARLS8AD ADMINISTRATIVE SERVICES Staff Salaries, Supplies, Travel* 5% of Contractual S e rvices $ 89,7oa 111. SUMMARY Contractual Services $ 1,794,168 Carisbad Administrative Services 3i 89,708 Not-To-Exceed $ 1,883,876 *The reimbursement to Carlsbad for administrative services will be automatically paid to Carlsbad as 5 percent of the contractual services invoices. , * Exhik 0 e AGREEMENT TO CONDUCT LONG TERM BIOLOLOGICAL MONITORING OF BATIQUITOS LAGOON THIS AGREEMENT, made and entered into as of the day o J 19-> by and between the ClTY OF CARLSSAD, a municipc corporation, hereinafter referred to as “City”, and Merkel & Associates Inc., Hereinafter referred to as “Consultant.” RECITALS City requires the services of Merkel and Associates, Inc., Consultan to provide the necessary services to conduct long term monitoring ( Batiquitos Lagoon and to prepare the appropriate analysis an documentation for this monitoring; and Consultant possesses tl- necessary skills and qualifications to provide the .services required by tt City; the City has entered into a reimbursement agreement with the Boar acting by and through the Board of Harbor Commissioners (Board) in ordc to carry out the proposed long term monitoring. NOW, THEREFORE, in consideration of these recitals and the mutL covenants contained herein, City and Consultant agree as follows: 1. CONSULTANT’S OBLlGATlONS The Consultant shail: A. Conduct the necessary tasks required to carry out the lor term biological monitoring program for the Batiquitos Lago Enhancement Project as identified in the scope of work dat December 3, 1996 a copy of which is attached (Exhibit A Scope of Work) and incorporated by reference herein. Participate in such meetings as may be required in conjunct‘ B. 1 r 1 0 a with the long term monitoring plan and which are specified ir Exhibit A “Scope of Work.” C. Provide assistance to City and Board in presenting thl information gathered pursuant to the scope of work i meetings with and proceedings before the California Coast; Commission, California Department of Transportation an other regulatoryhesource agencies, if City and Board deer .. such assistance is necessary. D. Provide all personal transportation and equipment during tk course of this agreement. E Hold harmless all land owners granting permission f Consultant to enter and conduct the required studies : identified in the “Scope of Work” from Liabilities arising frc the negligence of Consuitant. F. Perform all functions, responsibilities, and requirements accomplish the long term monitoring program for tl Batiquitos Lagoon Enhancement Project as specified in t “Scope of Work” Exhibit A herein above referred. Cooperate fully with any consultants retained by City or Boi during contact term or after termination in regard to 2 aspect of contract work. G 2. CITY OBlIGATlONS The City shall: A. Make available to the Consultant its records, reports, and 01 documents deemed necessary to properly perform the servi required by the City. 2 * a 0 B Review materials submitted by Consultant in a timely manne so that the Consultant can adhere to the time schedulc contained in the “Scope of Work” - Exhibit A. C. Announce and advertise meetings, with Consultant’: assistance, related to the completion of this agreement. Provide a Project Director who shall act on behalf of the Cit in the execution of this agreement. D. 3. PROGRESS AND COMPLETION The work under this contract will begin upon receipt of a “Notice tc Proceed” by the City and be completed within 3740 days of that datc Work to be done, milestones and submissions shall be provided i conformance with the schedule provided in Exhibit A. Extensions of tim may be granted if requested by the Consultant and agreed to in writing b the Project Director. The Project Director will give allowance fc documented and substantiated unforeseeable and unavoidable delays nc caused by a lack of foresight on the part of the Consultant, or delay caused by City inaction or other agencies’ lack of timely action. 4. FEES TO BE PAID TO CONSULTANT The total fixed fee payable for the services to be performed shall b $1,694,168 . N other compensation for services will be allowed except those iterr covered by Supplemental agreements per Paragraph 8, “Changes in Work The City reserves the right to withhoid a percent retention until tt- project has been accepted by the City in accordance with the increment payment schedule provided in Exhibit B . This payment schedule is base on the rate schedule provided in Exhibit C. Consultant understands th Consultant agrees to complete all service for this fee. 3 0 0 the fixed fee and payment schedule of Exhibit €3 incfudes alf cost5 associated with carrying out the work including labor, mark up o subconsultants costs (which shall not exceed seven (7) percent), overhead profit, any and all expenses, reimbursibles, travel, equipment, compute time, postage, and utilities. 5. DURATION OF CONTRACT This agreement shall extend for a period of 3740 days from dat thereof. The contract may be extended by the Project Director for on additional six month (6) period (183 days) or parts thereof, based upon review of satisfactory performance and the City’s needs. The partic shall prepare extensions in writing indicating effective date and length 1 the extended contract. 6. PAYMENT OF FEES Payment of approved items on the invoice shall be paid in the cour: of City business following delivery of invoices to the City and Boa provided, however, that no fees shall be paid until the invoices have be approved by City and Board. City reserves the right to withhold quarte payments if City determines that said submittal is incomplete or work be carried out was not completed. Further, in accordance with Exhibit City, will withhold a portion of annual contract payment until the ann! final report has been accepted by City and Board. Payment of any invoic pursuant to this section shall not constitute a waiver by City of i breach of any part of this agreement. 7. SUBMISSIONS Consultant shall deliver to City and Board all submittals accordance with the schedule provided in Exhibit A. 4 I 0 e 8. CHANGES IN WORK If, in the course of the contract, changes seem merited by th Consultant or the City in consultation with the Board, and inform; consultations with the other party indicate that a change in the conditior of the contract is warranted, the Consultant or the City may request change in contract. Such changes shall be processed by the City in tk following manner: A letter outlining the required changes shall t- forwarded to the City and the Board by Consultant to inform them of tl proposed changes along with a statement of estimated changes in chargc or time schedule. A Standard Amendment to Agreement shall be prepart by the City and approved by the City according to the procedures describ. in Carisbad Municipal Code Section 3.28.172 and in accordance with t reimbursement agreement between the City and Board. The Projc Director shall have the authority to adjust the cost and term of tf agreement within the limits of the City/Board Reimbursement Agreemc (LAHD 141 9-7) without additional City approval. Such Amendment sf- not render ineffective or invalidate unaffected portions of the agreemer 9. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed retained any company or person, other than a bona fide employee work for the Consultant, to solicit or secure this agreement, and t Consultant has not paid or agreed to pay any company or person, other tk a bona fide employee, any fee, commission, percentage, brokerage f gift, or any other consideration contingent upon, or resulting from, award or making of this agreement. For breach or violation of warranty, the City shall have the right to annul this agreement witb 5 d 0 0 liability, or, in this discretion, to deduct from the agreement price o consideration, or otherwise recover, the full amount of such fee commission, percentage, brokerage fees, gift, or contingent fee. 1 0. NONDISCRIMJNATION CLAUSE The Consultant shall comply with the state and federal law regarding nondiscrimination. 11. TERMINATION OR SUSPENSION Of CONTRACT In the event of the Consultant’s failure to prosecute, deliver, t perform the work as provided for in this contract, the City Manager mz terminate this contract for nonperformance by notifying the Consultant 1 certified mail of the termination of the consultant. The Consultar thereupon, has five (5) working days to deliver said documents owned t the City and all work in progress to the City Project Director. Th Project Director shall make a determination of fact based upon ti documents delivered to City of the percentage of work which t Consultant has performed which is usable and of worth to the City having the contract completed. Based upon the finding as reported to I City Manager, the Manager shall determine the final payment of t contract. This agreement may be terminated by the City upon tendering thi (30) days written notice to Consultant. In the event of such terminati upon request of the City, the Consultant shall assemble the work prod and put same in order for proper filing and closing and deliver said prod to City. In the event of termination, the Consultant shall be paid for w performed to the termination date; however, the total shall not exceed lump sum fee payable under paragraph 4. The City Manager shall make 6 L 0 0 final determination as to the portions of tasks completed and the compensation to be made. It is understood and agreed that City in consultation with Board may suspend work being performed under this Agreement for any reason upon giving to Consultant 10 (ten) days notice in writing of its election to suspend this Agreement. Upon expiration of said ten (IO) day period Consuitant shall cease the performance of the work thereunder. City shal be entitled to have as its property all preliminary exhibits, plans calculation, reports, text, and other data prepared by Consultant and shal pay Consultant, therefore, in accordance with the immediate foregoinr paragraph. Consultant shall not commence any services without writtei approval from the City. 12. DISPUTES if a dispute should arise regarding the performance of work unde this agreement, the following procedure shall be used to resolve an question of fact or interpretation not otherwise settled by agreemer between parties. dispute among persons operating under the provisions of this contrac' shall be reduced to writing by the principal of the Consuitant or the Cit] Project Director. A copy of such documented dispute shall be forwarde to both parties involved and the Board along with recommended methods 1 resolution which would be of benefit to both parties. The City Projei Director or principal receiving the letter shall reply to the letter alor with a recornmended method of resolution within ten (IO) days. If tf resolution thus obtained is unsatisfactory to the aggrieved party, a lett Such questions, if they become identified as a part of 7 0 0 outlining the dispute shall be forwarded to the City Council for their resolution through the Office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 13. CLAIMS AND LAWSUITS The Consultant agrees that any contract claim submitted to the Cit! must be asserted as part of the contract process as set forth in thi: agreement and not in anticipation of litigation or in conjunction witt- litigation. The Consultant acknowledges that if a false claim is submittec to the City, it may be considered fraud and the Consultant may be subjec to criminal prosecution. The Consultant acknowledges that Californi; Government Code sections 12650 et sea.. the False Ctaims Act, provide: for civil penalties where a person knowingly submits a false claim to public entity. These provisions include false claims made with deliberatc ignorance of the false information or in reckless disregard of the truth c falsity of information. If the City of Carlsbad seeks to recover penaltie pursuant to the False Claims Act, it is entitled to recover its litigatio costs, including attorney’s fees. The Consultant acknowledges that thc filing of a false claim may subject the Consultant to an administrativ debarment proceeding wherein the Consultant may be prevented to act as Consultant on any public work or improvement for a period of up to fiv years. The Consultant acknowledges debarment by another jurisdiction I grounds for the City of Carlsbad to disqualify the consultant from th selection process. (Initial) 8 e 0 The consultant acknowledges that a significant portion of the scope of work has been the result of interagency coordination and therefore consultant activities must be carried out in a manner consistent with the scope of work. The provisions of Carlsbad Municipal Code sections 3.32.025 3.32.626, 3.32.027, and 3.32.028 pertaining to false claims arc incorporated herein by reference. 14. STATUS OF THE CONSULTANT (In i ti ai) The Consultant shall perform the services provided for herein it Consultant’s own way as an independent consultant and in pursuit o Consultant’s independent calling, and not as an employee of the City Consultant shall be under control of the City only as to the result to bg accomplished, but shall consult with the City as provided for in th request for proposal. The persons used by the Consultant to provid services under this agreement shall not be considered employees of th City for any purposes whatsoever. The Consultant is an independent consultant of the City. Th payment made to the Consultant pursuant to the contract shall be the fi and complete compensation to which the Consultant is entitled. The Ci shall not make any federal or state tax withholdings on behalf of tt- Consultant or hidher employees or subconsultant. The City shall not I: required to pay any workers’ compensation insurance or unemployme contributions on behalf of the Consultant or hisher employees subcontractors. The Consultant agrees to indemnify the City and Boa within 30 days for any tax, retirement contribution, social securit overtime payment, unemployment payment or workers’ compensatic 9 a a payment which the City may be required to make on behalf of the Consultant or any employee or subconsuftant of the Consultant for work done under tbis agreement or such indemnification amount may be deducted by the City from any balance owing to the Consultant. The Consultant shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility fo employment of all agents, employees, subconsultants and Consultants tha are included in this agreement. 1 5. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all work and work products to conform td all applicable requirements of law: federal, state and local. Consultar shall provide all necessary supporting documents, to be filed with an agencies whose approval is necessary and at the request of the Projec Director. 16. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and analyses i herein required are the joint property of the City and the Board, whethc the work for which they are made be executed or not. In the event th contract is terminated, two copies of all documents, pian specifications, drawings, reports, studies, and analyses shall be deliver6 forthwith to the City and to the Board in both hard copy and in electror format in adherence with the scope of work. Consultant shail have tf. right to make one (I) copy of the documentation for hidher records. A use of information collected or prepared as a result of this agreeme shall not be published, presented or otherwise used by the Consulta 10 0 0 without prior written approval of the Project Directors for City and Board Consultant agrees that all worWana1yses shall be carried on compatible nonproprietary equipment and software to facilitate use by City and Board 7 7. REPRODUCTION RIGHTS The Consultant agrees that all copyrights which arise from creatio of the work pursuant to this contract shall be vested in City and the Boar and hereby agrees to relinquish ai! cfaims to such copyrights in favor c City and Board. 18. HOLD HARMLESS AGREEMENT Consultant agrees to indemnify and hold harmless the City ( Carisbad and the Board and their officers, officials, employees, agents ar volunteers from and against all cfaims, damages, losses and expens including attorney fees arising out of the performance of the wo described herein caused in whole or in part by any willful misconduct 1 negligent act or omission of the consultant, any subconsultant, anyor directly or indirectly employed by any of them or anyone for whose ac any of them may be liable, except where caused by the active negligenc sole negiigence, or willful misconduct of the City of Carfsbad or Boar Consuitant shall at his own expense, upon written request of the Ci defend any such suit or action brought against the City, its office1 officials, employees and volunteers. Consultant’s indemnification of C or Board shall not be limited by any prior or subsequent declaration by t consultant. 19. ASSIGNMENT OF CONTRACT The Consuitant shall not assign this contract or any part thereof any monies due thereunder without the prior written consent of the C 11 0 e and Board. 20. SUBCONSULTING If the Consultant shall subconsult any of the work to be performec under this contract by the Consultant, Consultant shall be full responsible to the City for the acts and omissions of Consuitant’ subconsultant and of the persons either directly or indirectly employed b7 the subconsultant, as Consultant is for the acts and omissions of person directly employed by Consultant. Nothing contained in this contract shz create any contractual relationship between any subconsultant ( consultant and the City. The Consultant shall bind every subconsultar and every subconsultant of a subconsultant by the terms of this contra1 applicable to Consultant’s work unless specifically noted to the contra1 in the subcontract in question approved in writing by the City and Boar It is understood that the Consultant intends to engage the: subconsuitants for performance of portions of the work: - Science Applications International Corporation - Kawasaki, Theilacka, Ueno & Associates (KTU+A) - Vantuna Research Group - Wetland Research Associates, lnc. 2 1. PROHIBITED INTEREST No official of the City who is authorized in such capacity on beht of the City to negotiate, make, accept, or approve, or take part negotiating, making, accepting, or approving of this agreement, st: become directly or indirectly interested personally in this contract or any part thereof. 12 L 0 0 22. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, c employee of the City, either before, during or after the execution of thi contract, shall affect of modify any of the terms or obligations here’ contained nor entitle the Consultant to any additional payment whatsoevc under the terms of this contract. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, “Hold Harmlez Agreement,” all terms, conditions, and provisions hereof shall inure to ar shall bind each of the parties hereto, and each of their respective heir executors, administrators, successors, and assigns. 24. EFFECTIVE DATE a. This agreement shall be effective on and from the day and year fir written above. 25. CONFLICT OF INTEREST The City has determined, using the guidelines of the Politic Reform Act and the City’s conflict of interest code, that the Consults will not be required to file a conflict of interest statement as requirement of this agreement. However, Consultant hereby acknowledg that Consultant has the legal responsibility for complying with tl Political Reform Act and nothing in this agreement releases Consult: from this responsibility. 2 6. INSURANCE The Consultant shall obtain and maintain for the duration of 1 contract, and any and all amendments, insurance against claims injuries to persons or damage to property which may arise out of or 13 * 9 0 0 connection with performance of the work hereunder by the consultant, hi: agents, representatives, employees or subconsuitants. Said insuranct shall be obtained from an insurance carrier admitted and authorized to dc business in the State of California. The insurance carrier is required tc have a current Best's Key Rating of not less than "A-:V" and shall mee with City's policy for insurance as stated in Resolution No. 91-403 an the insurance requirements of the Port. A. Coveraaes and Limits. Consultant shall maintain the types of coverages and minimum limits indicated herein: 1. Comprehensive General Liability Insurance. One Miilic ($1,000,000) per occurrence for bodiiy injury, person injury and property damage and Two Million ($2,000,00( annual aggregate limit. defense of suits provision. Where consultant uses operates vehicles (other than automobiles), watercr: or aircraft, coverage shall be provided as above. aircraft insurance is held by a third party, City and PC must be named as additional insureds for the date aircraft use. Automobile Liability (if the use of an automobile is Said insurance shall contain 2. involved for contractor's work for the City). limit per accident for bodily injury and property damage. $1,000,000 combined sing1 3. Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the Labor Code of the Sta of California and Employer's Liability limits of $1,000,000 per accidc 14 0 a I i 1 for bodily injury. 4. Professional Liability. Errors and omissions liability appropriate to the consultant’s profession with limits of not less than $1,000,000 per cfaim. Coverage shall be maintained for a period of five years following the date of completion of the work. B. Additional Provisions Consultant shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the followinc provisions: 1. The City and the Board and their officers, officials employees, agents and volunteers shall be named as a additionai insured on all policies excluding Worker$ Compensation and Professional Liability. 2. The consultant shail furnish certificates of insurance to the City and the Board before commencement of work. 3. The consultant shall obtain occurrence coverage, excluding Professional Liability which shall be written as claims-ma( cove rage. 4. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without days prior written notice to the City and Board sent by certified mail. 5. If the consultant fails to maintain any of the insurance coverages required herein, then the City will have the option to deck the consultant in breach, or may purchase replacement insurance or F the premiums that ate due on existing policies in order that the requii coverages may be maintained. The consultant is responsible for c 15 * 4 0 0 payments made by the City to obtain or maintain such insurance and tht City may collect the same from the consultant or deduct the amount pai from any sums due the consultant under this agreement. 2 7. RESPONSIBLE PARTlES The name of the persons who are authorized to give written notice or to receive written notice on behalf of the City and on behaif of tb Consultant in connection with the foregoing are as follows: For City: Title: Asst. Director of Planning Name: Mr. Gary Wayne Address: 2075 Las Palmas Drive Carlsbad, CA 92009-4859 For Consultant: Title: Project MgrJPrin. Consultant Name: Mr. Keith Merkel Address: 4455 Murphy Canyon Road, Suite 12’ San Diego, CA 92123 For the purposes of this contract it is understood that Mr. Keith Merkei the Consultant Project Manager and that this duty may not be reassigr without formal request by consultant and express written permission City and Board. City and Board reserve the right to disallow change Project Managers and reserve the right to select a qualified Pro Manager at its discretion at no additional cost to the contract. Project Manager may be selected from consultant’s firm or a quali member of a subsonsultant listed herein. 16 .a t 0 0 2 8. BUSINESS LICENSE Consultant shall obtain and maintain City of Cartsbad and City of Lo: Angeles Business Licenses for the duration of the contract. 2 9. AVAILABILITY OF FUNDING The City’s obligation for payment of any contract funds beyond thl current fiscal year end is contingent upon the availability of funding fror which payment can be made. No legal liability on the part of the City sha arise for payment beyond June 30 of the calendar year unless funds ar made available for such performance. 3 0 ENTIRE AGREEMENT This agreement, together with any other written document referrc to or contemplated herein, embody the entire agreement and understandii between the parties relating to the subject matter hereof. Neither tt- agreement nor any provision hereof may be amended, modified, waived discharged except by an instrument in writing executed by the pai against which enforcement of such amendment, waiver or discharge sought. 17 * 0 0 Executed by Consultant this 3 rA day of r&L ,1976 . CONSULTANT, Merkel & Associates, Inc. CtTY OF CARLSBAD, a municipal corporation of the State of California City Manager or Mayor By: Tdd By: BARBARA L. MERKEL President ATTEST: By: By: I KEITH W. MERKEL Vice P residentlsecreta ry ALETHA L. RAUTENKRNAZ City Clerk APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney I . a 0 December3, 19 Merkel & Associates, Inc. BATIQUITOS LAGOON LONGTEM BIOLOGICAL SCOPE OF WORK iM0"I'ORING AM) PILOT VEGETATION PROGRAM TASK 1.0 LONG TERM BIOLOGICAL MONITORING PROGRAM 1 .I Vegetation The system-wide vegetation mapping and trend analyses to be conducted within the Lagoon wiI1 use sevei tools including aerial imagery and intermediate digital rectification topography, computer-enhanced specn analyses, ground-truthing, GIS-assisted trend analyses and change quantification. Using the process digital images of the false color infrared ortho-photographs taken in May-June, or alternatively, in Augr of years 1, 2, 3, 5, and 10, vegetation in and surrounding the lagoon will be plotted. 1.1.1 Wide-scale Vegetation Assessment Vegetan'on Mapping Ground Truthing and Map Verification Once maps are plotted, ground-truthing will be conducted by random selection of 200 proof points, as w as focused reviews of problematic areas. In subsequent years, ground-muthing will be driven by ann^ GIS layer comparisons indicating changes between spectral reflectance of the near infrared and visible col bands. Again, proof points will be randomly selected. but selection will be from the reduced field changed habitats. This approach will be continued for each consecutive year. Incidental Observations on Habitat Stam During the course of field truthing and transect sampling (Task 1.1.2), areas showing high Ievels disturbance, exotic species infestations, and vegetation stress, damage, or disease will be noted a: identified using differential Global Positioning System (dGPS). Information will be incorporated into t monitoring year GIs vegetation layer as attribute codes on point or polygon data. The development unique or high-interest vegetation (eg. the first occurrences of cordgrass, or evidence of new mar drainage patterns) will also be noted using a comparable approach. Habitat Development Analyses To analyze habitat development trends, GIs vegetation layers will be used to illustrate habitat changes ai to calculate habitat conversions or expansions into unvegetated areas. The M&A Team will include digi topography Iayers along with vegetation layers to better evaluate the role of elevation in habii development. 1.1.2 Transect Vegetation Monitoring Sampling Approach M&A will generally adopt the sampling Iocations and approach taken in the 1994 pre-constructic monitoring; however, the following modifications are to be made in order to increase the information yiel 0 An additional eighth monitoring station wiIl be added along the southeastern portion of t site where San Marcos and Encinitas Creeks first enter the lagoon. 0 Soil samples will be taken along vegetation transects to determine grain size distributio total organic carbon (TOC) content, redox potentiai, and nitrate-nitrogen. 0 Once transects are randomly established along a baseline extending perpendicular to t. lagoon contours, they will be permanently monumented and will be re-surveyed ea1 consecutive year. Elevations of the transects will be established by survey and sedime levels and monitored by the use of deepiy-seated, off-set grade stakes. EXHIBIT A A 1 m a Merkel & Associates, Inc. a 0 December 3, I996 Vegetation transects will be documented photographically from a fixed position during each monitoring interval. Along with the cover, overlap cover, and species composition, canopy height will be recorded to provide information on vegetation structure. Data Analyses and Reponing Quantitative vegetation data will be presented in both graphic and tabular layouts. Data will be evaluatec based on standard reporting and 10-year success milestone requirements for pickleweed. In addition, daE will be analyzed for species composition as a function of elevation and soil salinity; vegetation structure a! a fimction of elevation, soil salinity, total organic carbon, and soil nitrate-nitrogen; and vegetation cove] as a function of the same physical parameters. 1.2 Fisheries Studies The fish monitoring program will include quarterly sampling conducted in January, April, July, anc Ocrober of each monitoring year. A day/night sampling will be conducted at each quarterly monitoring interval during the first year. Equipment utilized will include large seine, small seine, square enclosure beam trawl, purse seine, and otter trawl. Each type of equipment will be employed as required based up0 water depth and sediment characteristics. Three-fold replication will be done for all stations and geaI Sampling will occur at the five stations established in the pre-dredging monitoring program and will b similar in location to the distribution of stations indicated in the present RFP. Differential GPS wiU be usel for survey positioning and navigation of trawl lines of a standard length and locations. Along with th collection of fBheries information on species and individual counts, individual standard lengths, an1 biomass. Surficial abnormalities will be noted. Sampling Approach s Data Analysis Analytical treaunent of the fsh data will be conducted using both parametric and non-parametric statistic to evaluate temporal and spatial trends in fish comm~ty structures within the Lagoon. Statistical too which will be applied in the anaiyses inciude a one-way analysis of variance (ANOVA) and SNK multip range tests. Prior to statistical testing for community parameters, cluster analyses will be performed usir: the SAS procedure (PROC CLUSTER). 1.3 Benthic Investigations Infaunal Sampling Benthic invertebrates will be sampled twice a year (December-January and June-July) at each of the stations discussed for fisheries studies. Samples will be collected intertidally between 2 and 4 feet MLLI and subtidally below -2 feet MLLW by shore staff working at low tide. At each station, a 6-inch (15 cr core sampler will be used to extract 5 subtidal and 5 intertidal samples at randomized locations within . meters of the sampling station. A 100 gram subsample will be taken and washed through a 0.5mm siei while the remainder of each sample will be washed through a 1.Omm sieve. One additional sample will 1 Collected from each tidal elevation in order to conducr grain size and TOC analyses. Organisms from tl samples will be identified as to major taxonomic groups, and weighed to determine the group compositic and total wet weight of each sample. The 100 gram subsample will be treated in the same manner. Tk will allow for a determination of the biomass and organism numbers comprised by smaller animals whic may not be directly available to fish and birds as prey items. Finally, all samples will be cataloged ar preserved as separate groups in a 10% formalirdseawater solution and transferred to 70% ethanoi after 01 week for long-term archival. Epibenthic Sampling A quadrat sampling program will be used to characrerize macro-epibenthic fauna within the same are examined for infauna. For this work, a lm’ quadrat will be randomly placed within intertidal and subtic areas and direct observational counts of macrofauna will be made. A total of 3 to 5 quadrats will EXHIBIT A A December 3, IS Merkel & Associates, Inc. sampled for each tidal zone by working in intertidal and shallow subtidal areas at low tide. One propos addition to the sampling effort involves the quantifkation of both macrophytes (predominately macro-algal and any associated epifauna resources. To account for highly mobile species, the fisheries square enciost will include the use of fine mesh sweep nets to capture organisms from the surface of the sediment. "'he samples will be bagged in the field and sorted and weighed later in the laboratory. e e Data Analyses and Reporting Both infaunal and epibenthic data will be analyzed using parametric and non-parametric statistics to evdu spatial and temporal trends. Sediment grain size and TOC will be examined as correlates to commun composition and biomass. Log transformation will be required to normalize sample variance. Prior statistical testing for community parameters, duster analyses will be performed using the SAS procedr (PROC CLUSTER). Hierarchical clusters will be formed using physical parameters as sorting indicc Statistical tools to be applied include one-way ANOVA and SNK multiple range tests. 1.4 Avian Surveys and Habitat Use - 1.4. I General Avian Survevs Survey Techniques and Study Areas Surveys will be conducted in January, March, July, and October of each survey year. Surveys will conducted within the 6 Lagoon study blocks of the 7 originally defined avian study blocks. Surveys u be conducted over two consecutive days during each survey interval. Double counting will be minimiz by performing simultaneous surveys of multiple areas. Surveys of all east basin blocks (Areas 2-5) will conducted concurrently, as will surveys of the west and central basin blocks (Areas 6 and 7). Three, tu person teams of trained field ornithologists will cover the areas by conducting saturation surveys on-fc and from a boat. Surveys will be conducted over one-haif tidal cycle (approximately 6 hours) and will scheduled to coincide with the full range in tidai inundation levels. .During the survey, houriy records tide height, as measured by a permanent staff gauge, will be made. Surveys will occur only when me wind speeds are less than 10 knots, as determined using a hand-held anemometer. Collected data u include species, counts, activities of birds, habitat in which the birds are occurring, and any factors whj may be influencing the behavior of the birds. It is understood that monitoring of California least tern a snowy plover sites and predator control associated with lagoon management will be carried out by 1 California Department of Fish and Game. Data Analysis and Reponing Parametric statistics will be applied to analyze relationships between available habitat and avian abundar and activities by guilds of birds. Further analyses will examine seasonal abundance patterns by guild a inter-annual abundance. Statistical tools will incfude cluster analysis, ANOVA, and standard t-tests single factor comparisons. 1.4.2 Belding's Savannah Sparrow Survevs Surveys for the state endangered Belding's Savannah Sparrow will be performed two times each year dun the breeding season (April through July) for the duration of the monitoring effort. During the f monitoring year aerial photographs and previous survey methodology and results will be reviewed a permanent census stations will be established. CDFG and other appropriate agencies and organkitions v be notified prior to survey work. Surveys will be performed by six qualified individuals on one d; Collected data will include location of singing males and resting females, breeding behavior (such carrying food for young), presence of fledglings, and presence of potential predators. Survey results each year will be summarized in a report that will include a table and map documenting estimated nul and territories of breeding paris and fledglings. 1.5 Water QualityBediment Investigations Water quality parameters of dissolved oxygen, temperature, turbidity, and conductivity will be sampled field data collection parameters using a multiprobe Hydrolab Datasonde N. Chlorophyll a will EXHIBIT A P - 1.5.1 Water Quality Samuling c December 3, 1996 Merkel & Associares, Znc. determined by laboratory analyses. Sampling will be done quarterly, concurrent with fisheries studies, a1 each of the 5 fish and benthic stations. Where water depths allow, surface, middepth and bottom condition data will be collected. Sampling will be performed from shore and boat. Data will be summarized in tables and be used as independent variables in the statistical analyses as has been discussed in prior sections. Botl- water and sediment quality samplings wiU be coordinated with the CDFG monitoring program to maximizr synoptic data collection and use of data. e e - 1.5.2 Sediment Oualitv and Character Sediment sampling will be conducted quarterly at the location of benthic sampling stations and along thc vegetation sampling transects at three different elevation zones. Sampling will include three-fold replicatioi for all fieid sample parameters including porewater salinity, conductivity, pH, and redox potential Sampling will be done on porewater extracted at 5 cm and 15 cm depth. Where soils are too dry to extrac a suitable porewater sample, salinity and pH will be determined through collection of samples and remov: to the laboratory to conduct analyses on rehydrated soils following the saturation paste methods outline by Richards (1954). Redox data will not be attainable from excessively dried soils. Sediment texture and TOC will be determined on materials from the top 5cm surface sediment layer. Twc 100 ml samples of sediment will be collected at each station and wiU be transported on ice to the laboratoq One sample wiII be analyzed for TOC and kept frozen until analyses are conducted. The second sap1 will be tesred for grain-size distribution and stored at 4°C until tests are completed. TOC tests will t completed following standard ASTM test methods of high temperature combustion and nondispersii infrared detection of C02 (ASTM 2579, EPA 415). Grain size distribution will be completed by wet-siei standard methods through an ASTM E-11 sieve stack in accordance with ASTM D-1140 protocols. Da will be presented as grain-size distriburion and percent gravel, sand, silt, and clay. 1.6 Standards will be sei for the GIs database, computer mapping, aerial photography, field mapping, and & input. State plane coordinates will be used along with NAD 1983 datum. Appropriate mapping and grou control standards will be used to allow for multi-year registration of aerial images, topography, and fie mapping notes. GIs database products will be used to document not only changes, but to serve as analytic tools in evaluating cause and effect relationships between data. To support this goal, GIs data managemf will be integrated into the field sampling and data collection procedures to ensure continuity in the progra . GIs Spatial Data ManagementlAerid Imagery 1 .6.1 Develop Maupin? Merhodolow 1.6.2 CoIIect Existing GIS and Other MaDDing Data Regional and sub-regionai data will be reviewed from KTU +A’s existing SANDAG/MSCP/MHCP/NDI files. These files will be supplemented with CAD files from the City of Carlsbad. They will also integrated with digital map data collected from the Port of Los Angeles, as well as with physical and av data provided by CDFG. Other existing data sources will be identified and a method to integrate them i: the project database will be developed. 1.6.3 DrawindCoverage Preuaration Sample pIots of base map information will be used to verify the project limits and provide more prec boundaries for future flights. The initial aerial flight will produce base map information in addition to digital orthophoto. Data iayers will be organized and a GIs layering scheme will be developed. A metl for identimg contents, source and mapping standards will be developed for the data layers; these files 1 be used in registration. Errors will be analyzed and noted for future ground nuthing. Once g construction “as built” data files are made available, they will aIso be integrated with the other GIS lay( EXHIBIT A December 3, I95 e e Merkel & Associates, Inc. 1.6.4 Digital Orthotopomauhy Close attention will be given to setting flight schedules including time of year, tidal position, solar ang and weather conditions. Survey crews will be used to set several ground control points to serve as the bas for multi-year photogrammetric products. Subsequent checking of these ground points will occur befoi each monitoring year flight. Aerials will be taken using false color infrared negatives using a Zeiss RM Top camera with digital interface and Forward Motion Compensation. nights wiIl require two flig tracks with 60% forward overlap and 30% side Iap needed to provide adequate stereo pairs. These IC altirude shots will be taken at a scale of I” = 400’. An overall spot shot will be taken of the entire lagoc and its immediate environs. Photography will be aeromanguiated using ground controi and placed on NAD 83 CA State Plan Zone and NGVD 29. A Digital Elevation Model (DEM) of the project area will be produced using direct sterc photogrammetric methods. For the initial year, a more detailed DEM will be used and fi photogrammemc base mapping will be provided. The MLLW tide line will also be digitized. The origir aerial film will be scanned at 12.5 micron in 24 bit 3 band color. Ten orthophoto images will be ma using the aerial photography scans, DEMS and the aeromanDdation orienration elements. Images will tiled in 2,500’ by 3,000’ tiles and processed as TIFF images. The rectified ortho-photo image will processed for maximum accentuation of wetland vegetation and subtidal water penetration. The initial yt image will be processed, and with the heip of field biologists, sample vegetation spectral signatures will identified to help with unattended rastor classification. The system will be adjusted based on fit verification until a high level of accuracy can be obtained. The trained model will be used as the basis 1 future image classification and change detection efforts. . 1.6.5 GIS Database Development KTU +A will integrate previous data and mapping efforts and will work with the cIient and other Te members to spec@ a common and defensible baseline. Remaining efforts on database development inch the inputting, digitizing, and linking data from the biological monitoring results. Data on bathymet sedimentation, and tides provided by CDFG will also be input. AII tabular field data will be connected u spatial data points and polygons in the GIS coverage. The classified data resulting from spectral analysis will be used as a basis for vegetation bound; adjustments. Tracing and adjusting polygon edges will be completed at this stage. A composite vegetal map will be produced and verified by the field bioiogists. A quantitative summary of these habitats ’ be produced. Subsequent mapping efforts will rely on corrected digital orthophoto images, processed spectral classification and highlighted with changes resulting from the previous years for comparison. proof plot indicating probable changes will then be used in the field to venfy or correct the autom: classification and change detection system. The ann& extent of native and non-native habitats will summarized and the Pilot Revegetation areas will be noted and compared with subsequent imagery. 1.6.6 GTS A~uiication DeveIopment Beyond the deliverables of ArcInfo fries, an effort will be included that will convert all UNIX Arc coverage into DOS/Windows NT based ArcView Nes. These files will include legend development, thi layers, and attribute descriptions. The data use requirements will be identified by reviewing the comp hardware, software, and training levels of both the City of Carisbad and the Port of Los Angeies. AN uploads of the data in Arcview and ArcInfo formats will be accomplished. A training manual descrit the contents, sources, and uses of the database will also be delivered at the end of the fist monitoring y EXHIBIT A December 3, I99t e e Merkel & Associates, Inc. TASK 2.0 PILOT VEGETATION PROGRAM 2.1 Eelgrass Restoration Receiver site selection will take into consideration, elevation, current regime, sedimeat consistency an< stability, turbidity, and available light. The selection process will also include consideration of proximiq of donor beds to planting sites, donor bed density and health, and recovery potential. In addition to sitr suitability factors, the selection of plantjng sites will include consideration of prevaihg currents and win( patterns in order to maximize the potential for planted eelgrass to colonize new areas. At the present time it is anticipated that eelgrass will primarily be harvested from Agua Hedionda Lagoon and Oceansidc Harbor. Another possible harvest area is Mission Bay. Based on approved harvesting and plantin- programs, M&A will obtain a letter of permission from CDFG to harvest eelgrass from salvage sites. 2JJ Restoration Area and Donor Site Selection - 2.1.2 Transdant Program A total transplant of 1 .O acre distributed over 10 different sites, each approximately 0.1 acre in size wi be conducted. In order to allow time for the system to stabilize with the restored tidal conditions, th planting of eelgrass would be delayed until early in the second year (March-April 1998). 2.1.3 Trans-olant Monitoring Transplant areas will be mapped using GIS and staked in the field with deeply set PVC pipe. GPS position will be taken for transplant comer points. The transplant areas will be reviewed 3 and 6 months afie pianting to determine the qualitative condition of the pianrings. Quantitative monitoring wiil be conducre at 12, 36, and 60 months post planting (years 3, 5, and 10). This monitoring will include a review of th - turion densities within the transplant plots and will also inciude transect-based assessments of eel_& coverage. 2.2 Cordgrass Restoration Cordgrass will be collected from as many sites in the region as is practical. Key among the donor are: will be Agua Hedionda Lagoon, Los Penasquitos Lagoon, the San Diego River Channel, and San Die,@ Lagoon. - 2.2.1 Restoration and Donor Site SeIecrion 2.2.2 Transdant Program A total transplant of 1.0 acre distributed over 20 different sites, each approximately 0.05 acres in size w! be conducted. All transplant sites will be mapped using dGPS and GIs. Planting of cordgrass will t delayed until early in the second year (March-April 1998) in order to allow the system time to stabilize 2.2.3 Tranmlant Monitoring Concurrent with the eelgrass monitoring effort, the cordgrass transplant areas will be reviewed 3 and months after planting to determine the qualitative condition of the plantings. Quantitative monitoring w1 be conducted at 12, 36, and 60 months post-planting (years 3, 5, and 10). TASK 3.0 CONSTRUCTION REVEGETATION PROGRAM 3.1 Pickleweed Revegetation Monitoring Because of the need to conduct establishment monitoring of the new planting effort in accordance wj construction specifications, a one-time focused review will be conducted and the success of the planting w respect to the construction contract survival criteria will be determined. EXHIBIT A A December 3, I9 a 0 Merkel & Associates, Inc. 3.2 Establishment Monitoring Report A monitoring report will be prepared separately from the long-term monitoring reports and will completed at the end of 1997. The report will be submitted to the City/Port Project Director@) to evalu: contractor compliance with construction specifications and to document completion of the requirements 1 site construction as required by the California Coastal Commission. TASK 4.0 REPORTING PROGRAM 4.1 Quarterly Reports Interim quarterly reports will be prepared in each monitoring year and submitted to the CityPort Projc Director(s) in early April, July, October, and late December of each calendar monitoring year. Sectic that pertain to study methods and results will be organized by resource (Le. vegetation, fisheries, etc Statistical analyses will not be included in quarterly reports, but will be included in annual repor QuarterIy reports will follow the outline below: Summary Section 1.0 Section 2.0 Section 3.0 Section 4.0 Section 5.0 Executive Summary of the information included in the report, emphasizi important data Introduction (1.1 - Project Background, 1.2 - Regulatory Requirements, 1 .: Purpose and Goals of Quarter) Study Methods (2.1 - Surveys and Work Conducted, 2.2 - Survey Schedule, 2. Study iMethods, 2.4 - Limitations or Complications Encountered) Results and Analyses (3.1 - Results of Investigations, 3.2 - Analyses Conduct€ 3.3 - Analyses Deferred Until Annual Reports (temporal or multi-period)) Conclusions and Recommendations (4.1 - Preliminary Conclusions, 4.2 Success/Milestone Evaluations, 4.3 - Recommendations) Status of Monitoring Program (5.1 - Compliance with Schedules and SUP Requirements, 5.2 - Deviations from Study or Analysis Program, 5.3 - Upcom Scheduled Monitoring, Reporting, and Meeting Events) Section 6.0 Raw Data Appendices 4.2 Annual Reports An annual report will be prepared at the conclusion of each monitoring year. This report will serve a stand-alone document and will provide details on survey methods, results, analyses and tests conduct conclusions, and recommendations made during the course of the monitoring year. A to& of seven rev] copies of this draft report will be submitted to the City/Port for review and comment. 4.2.1 Draft Report PreDaration 4.2.2 Final Annual Reports The final annual report will be prepared following receipt of comments from the Project Director(s). 1 executive summary for each annual report will provide a comprehensive summary of srudy methods i results, as well as progress of the program and recommendations made during the year; this summary 7 serve as a stand alone document. Twenty-five copies of the final annual report for each monitoring y will be submitted to the Project Director(s) along with a camera-ready, unbound original and digital f in WosdPerfect or MS Word and Excel file formats. GIS digital data files will be provided on high den: tapes or other suitable media. EXHIBIT A I December 3, 1996 e e Merkel & Associates. IRC. TASK 5.0 MEETINGS AND PROJECT COORDINATTON 5.1 Annual Interagency Meeting Early in the first quarter of each monitoring year M&A will conduct an interagency meeting. The first meeting will be conducted in early 1997 and will outline the proposed monitoring program. Subsequent meetings will be held in years 2, 3, 5, and 10 to discuss monitoring results and to discuss the upcoming monitoring year. 5.2 &-requested Meetings M&A will provide the necessary exhibits, administrative support, and technical staff to assist in sucf meetings. It has been assumed for the purposes of project budgeting that one public meeting per monitorinj year (I, 2, 3, 5, and 10) will be held and tfiar it will follow the annual interagency meeiing. = Public Meetings - 5.2.2 As-Needed Meetings or Services , This task establishes a floating meeting and services account to be drawn upon as-needed by writtei authorization of the CityiPoR Project Director(s). This task is not a specificalIy scheduled task and will bc billed only if time or resources are actually authorized and expended. TASK 6.0 HABITAT VALUATION ASSESSMENT 6.1 Program Refinement and Calibration Prior to conducting habitat valuation assessments, a focused workshop will be heId with resource agencies the Port, and City to discuss the attributes of the valuation model and how data are input managed an( evaluated by the BETTER model. During the third quarter of the second year of the present study, an( working in concert with the CityiPort Project Director(s) and resource agencies, data sets wilI be seiecte for comparison and comparable data sets will be assembled from the existing information and the preser study. 6.2 Data Compilation and Formatting From the selected data sets, information will be appropriately organized for input into the BETTER modt using Excel and Paradox software. 6.3 The BETTER model will be run to make the comparisons of habitat vaIues for Los Angeles Outer Harbo~ pre-enhancement Batiquitos Lagoon, and the 3-year post-enhancement conditions. In years 5 and 10, th model will be augmented with new data to examine changes in values with increased establishment tim 6.4 Report Preparation and Presentation Information from the habitat valuation program will be prepared and provided in a separate report from tb long-term monitoring program. This report will be prepared in draft and final versions and will 1. internally reviewed for ciarity, technical accuracy, and presentation quaiity prior to being released. A tot of seven review copies of the draft report will be submitted to the City/Port for review and commen Twenty-five copies of the final annual report for each monitoring year will be submitted to the Proje Director(s) . Data Analyses and Model Runs EXHIBIT A A z 4 e? 0 0 e? a 0 z d 0 Y E g 2 ? c3 z OFC: J< zw Oh 0 U < A f3 g E CY 4 F9 d 0 L w &I 3 lil =e u F: a m 2 "gg88g 42g8g88 ??~z~~ c c 0 \o a ,I $5 az04.o ?FZo-aG' 2 m Vloocv Yr- m- s- q 2- m- PI-CI s?&s2 vv am P 3- 8- 2- 8 CI 'I d ch P w e- 5% :szsz(t,(t, 888888 cn 69 69 69 69 '8 - "$$$$$ $$go0 49- 69 0 zg e P - ,I 88888 -4 + +E u g CI " 2 c:ca - s: * 22 4: -X+ =..a CI- c3z .;;$ s Sg *E P 2 8 - ? '". m Cl t-4 - i% 8 d yf -T I yf w i& zc OE a ez uc Gg cc ;id z8 z+ *5%% i. WYyN 6 E;'=, - c3k 3 zag 6 > 222 EE* E5 ,$jk 9 *E $2 E$ 8% aH *> gx - E! .' 2s 6 zi 6 - 5 h s s0 a& - - g 4z cs z Oh 0'3 su 00 u* ? bk '? $ m I t 2 3 5 2 0, 0 CIbm CI N -- s22s 69uQ- -69 zz $8 0~~0 I1 s $- 5- - &8ss?a8 ;c$; ?v! ?888"88 0:-0 CCI f0 s$zgg 64b69czt fgsgzgs -- m. m- -- '5 0- m. w-w -e- 69 w, CI p? czt CI 0 I, I* 2 P \s U * z 8O88 -" *- CI - 09 W m ? a P 5- Z2ZZ 0 e+- CI Cl 48 ? c r4 j a" c? 8 4, z0a :E ?o U P a, p? CI 0 "88 o g 8 8- w- 31 ZL s g 6969 32 sg;$g 69,69$ 2 69 Em- CCIw"m'%m 2 gggg TI. 2- a- 9 -- 9 I asszz2z 69 69 05gg 00 (t, 69- g d a ,I I1 v! ". '" i- i- h 5+3 ~w0n000 8888 ;v!?c?\9?\9 t-4- e- 69 4 ,I ,I ". m 69 9: m CI rl v1 ~~!my;OO 8888 C! '9 w- 0- a- -- 2: 69- s-$g;%CIm 2u~~~g~2 rJ m - 69 - 00 \Q I8 zzA?a?6 m r-4zo" D? 00 K t-4 riOgNO8 22 ". v! o\ - fft t-4 69 * rCI 9 8. a 8 vv c? -- s- : G- z- 2 szZsg -69 - -!T a692sS69czt mr-ww-2 r4 % C' en f c! h a, 5s M s .; 3 .- d I-IV) m-2 e? -- - g..o:sc en 30 h;;5z 2 z2.B -2 2 ~ sg,pg 2 zmo ?a$? 5 L- 2 o CLt$Tn=t d .- - - 2zE 2 sa$2--- 35% rJ :;& 3 '= u_3s~~;=~' 222 & 'g.5 { ?a k-- 'i - .$ B &ar.lraZz;g :* - d 2 c - - .- I CbX m- E d -(J .- "C 0- g$$g~gz$~~&<~22+za & 2 3 4 2 z<s 7 2 2 9 d 4 3 -VI-€+ g~~3~~~~~~;vv1m,p P? - N. = 0. I '8808 9 '8 z CJ 0 CJ;wmsz&&- u 5 i-" - 00. 'I -" CI-d [' ?a. -. - zzzggssxx c c g; - 2 *" \o cmw 58225 'gzm- r: c?$ &:r- - 2mmm '9 -- o? -* -""-zs2gm d gzzz d ZGS64696469GS 64 0000 89s 000 xsg 9 64 '0 000 8 u -I oxz;gg* 02 gz-3 FA E gg E.. "5 g 69 64 d " 2 "* ? 92 ;E 2 CQ ". gz 2.2 v! 2 %> sf." zg gg 2 gs q zg E51 EL3 2222s 69 6 ?+Hg zaH.2 + - c - - 0 e! u3 g - '?, 2 ; ~ GF;;lC a 2 HEM zs: g d 69 s- '.. ++* CJ-.'". gg e59 e" *E 42 9 S8 6 22-59 64 3* ms $g ?C?Z 8q,&- dZ28 'p;;E. mw- 2 - 04 ss-['- 2 00. " ['" Q, ['. 09 1 8's o"~%~FA696959 m2g:s gse- 64 ai E P $2 69 n m-0 I1 -mw om- Tr:q ~~-c~--CQo - * 'I N. g 9C.m. wmu g2z wmCICI 222 z2m 64FAm64 FA ?23 ss$gm"- "r: t2?.?r69.0_o_clwCI -. -- Q? -- I -bPd;fm r-: 42 9 00 6 04 2 69 - 69 m ,I r: -- '000 ~0-rruJ-cwc &."~~^"""" gsz 2- z* s- 2. 2- c? % Ag a0 s Mac\ Q 134 Fm 622 sL2 9 mzz B - - -u uJ- 64 64 c1 .- zao\ 6469 I 3 s wd m It r: r- '000 0.99 mgg B w- 64 Y -" P '9 CI 4 64 mc1 CY69 69 m d ,I ". OdO -o-d--s?g' 9 2xLim;g S" *me Y. 8%0 C L, a? L.69UbN- - 9 2 64 m. 2- -. 9: Z! -" -- e em 646464 - -mw .-.mv1w rn domm 64 '9 ". 0'- -- \o mp ,MmwS-~~mw * sc +G bM o* UP, n =* c=o- S~%.srn 2 0, g r9 2 IU I -a '9 c a c, d s .$ ; -50 .- I 0 om w .z p .- <$= .= 2 $. .s '= ?n C e".- CZsa= 2= aJ2.Z- ; m'9 . zag g % 0 - : ZG- .- --Gzg% I >r ag- 0 E-'O'g-zz;g =- 2 .9 .2?4& L.Y .- a hgrsg2g& = ce,g ~ 2 5 .z -z 2 B ,? - i .i .p B L. +>fa .- s$z 2i d-+~dcu:Auu-n~~ = 5 aJ z c - 3 E c e mu- == 5 0'; m e sur 2 i; 2 z c$ .= - g3;;32 2% 2 6 6 2 2 < 33 G 4 & CJ '? .? v! '4 1 0-rr-y c * l- ? z s m e? C 8 Cft 8 cf, a, m 2 C -, + rn 69 F m m '? '0- s cf, m 2 52 a- co cf, U Y Gi mi €e m 4 p1 *F 4 :c E-, d f 8 0 z8 Q 88Zo 9%2%'9 ,80088 99 0 - c E "tn--NO\ #tu" 2222 &2sxs;,,, m A2 ou10m'cI S" g- =* 2" F- 2 5 0- 2 2 9 4 -. m? c- 9 100 m&+'O,zEi -Z\o-S2%69* 269#+6969*#+ 269 6464 99 "2% 9 9999 gz u -4 a=: * 8 g g LLEo4+a gaga6964 4 p 29 v) g 2u ;z g gs ZE * dw 42 ug -2 3$ zg E2m '0,szs 6+ &a% 6 69 &$wig 2 9 -" e** Q 9 '0, 6969 a& 6969 20 zi5.1 *s mmm-mqqz e 'oooooc 00000000 s g s2 b6- Fm 2 c2 69s -a- 'I-mG-e 1 9 -- v! s'. -. -- 9 c? m-rm 2zz zsgm eg - 5; L*z H I qj $2 64 -- 2 e -o\oom\omoo8 b 09 ?Y 99 ?=?? ???? I- 2zz;gg;ag gg2 egg% z- -" 6 2 6969m 69 69 69 W 0 '-a '4 24 z:azzsga, %%a 9 9 m ZGgZ: g a 8 00 v! 0 7- 7 ' woo 22 gag '0, s cy -~wl-mwoo g9m??Yggz s 'c=lgo am -+e -- 5 -- -. -. W L. wg* e corn 5 ZI 3 0999 \ow0 '- m > sgs 2; 2 a$ "- 2- 52 8 c1 -. Gs -- 9 W +e -- ctf 6969 -e vlvl OYO a? 000 "o\ol-\d\oooo' 9 L =?cy?Zga zz 2g,-w a228 %2 L69mWog69 9 -. -. '9 9 09 a 9 2szz a, xz2 sg 6 22 mmml-m.lm oqqqc?(Vuzz sx222N - '? ,ummm --mm~mAG -0- -cI a 0- P- ". 2- F- 2. $p gs 5% 0- a" v? 9 2 2 -" -4 0" lnor"0uQ) -2%-m*69 69 c1s69-m- 6969 2" +sa az%25L.+69w+,tff Ui c 2 64 2 69 69 'fla--CIQ\ * Fa OH e u i-," co wsd c h - =* c .o 0, Ee2 .- QY)::.2rr 5 ,g I .f f3. x.5;4s' .- -.-rnZg!2c ,x 0s- szjgo c s .s- E - .- - Azz;s$L2d 0- &B.~-m~k.--~.-. 28s* - - $!e?. 22<* e)-- 0 ea c a c I 5 2 - .- Y 2 )3 - -Eo c c9 Zd E B k .- 5 3 .E .: $J ~ ;s.e<; - z ;$ 5 *csggm a i. r= - 2 -0- c= 2 -5 .: g *;y5-22;!+- =e) .dl $;gjgsa ;.s8&zz;= - e e %-,,,,,- -C"-X!- 9 F A + - e .-. - pi X Z 4 a: VI m 2 [z CI e3 ? g 0 3 e3 O\ *, e P- 2 t- 0 3 lr-l 64 0 0 Q\ CI w 69 c? ", m 2 c\ v) P 64 00, m 2 CI 9 N 0 cc) * -4 20 .I 7 8 8 0-88 e pszgczg I s 8' so= as,z', z .? C $gZ2zrev-GG ". 4 53 I I 9 '9 w- a- -- 9 ?. v? 4b-\o N$ZpJ+O m-- ee NNzzzz 2;; eeeee- so, u zaggzgw e c c 'Vlo-(v-- &5 mwgmzr- r:???m.? Cn-ngS-" z\q;z'pN e* c p*e* '~CSOOC "=gg" 0000- 000 0 @ 99 04 2 zg 0 bra rn Qs 5: 5 4 sb: c3z s g NG gs 45 0" Vl ; gg 4j.t 2.5 * - -8 @U = 4 -z g v &%ec(.o.\c! c'0\oaCt00 99 ET? c? *;gz gs zz 7s * &gFgg2;gg 22 ZC 0; ~Or-aJ\o~ooo' 585 3s sm g9c(.c(.?y~~; COUY I nc- tn-z e3 8 e at- * Ee- e:3= -59 "%4 6 E;'@mg %a $?Sf?;s: CJ c' 0 OTNq?: r4 a 0 :z.- 9 qa4 Q c! mez ec' -=H 5a-P- v! C? 'a -. e Et a ; g % z g ;; '0 *?3. 6- 2 at- p eat gs3 qNg9q 'uz er- z$ *.IE 22 5 bgc'o%269zg c'. '4 c? ". -- - zg 6 5E cn ctc_vlUr~:cr~c' c! .;z::-N .? 22 ?4?9 $?3 -8"- rt-\Q\o \o Nuromg-" v-?. ?. 9 2- '" 2 s 5 "M '0 - N 0. =. -" -- 9 OH emezsL+*at *> 9 g 4 4 cv 2 LZ z *at e* gg c N h 5- Imc- -ram 'Q, " "^ m -, v? v? 23'" N-Na '0. c? v! at $2 mmm Ne e-tm e *e -VI -ac --a 2 5 - e rjl uc c3 - 0- 9 Ec&:,og-*e 2. ;- z- ;- '0 \o -- - E10 at L 'om c! 'UOG x v) a &+ \o * -- 9 ; -- ee i-m c '0- uao3c or-m m 29 2: eee - m at '0,2!2%9 **e mO-N-' C -m *z *a &!a of?l OLI * 3zz2mat E E 2 =E* - u;nlzu m E c - ~~g:s$ s - 52 c2 cu -<E= 3 f 3 .g .% 8 v) :;=as 2 msm s' > - 0 0' - % z .: = - cez4za 9 ss; - x aZz g % = i - --y rz 3 2 5 u - - - = *$??;?Zdz s -Sz* p s z - - - h h 5zc &sc&<<<gS<@ . an -f an 2- c .z - c a c .- e .- u M .- - - .- u - --4 Ec z 2% Y wl 'a '= s* 2; '5 .y v1 SLP 2=23 i q z w 2-~c~~~?~==Q p 43; F( > cg.z;" = =- 5' - ?c?4??'9" p!O'rJ' ,X%" P- gj - - - - - ' 4 CI Fi a: a: 00 b: z 2 8 c\ c( w? 0 cf) P 00, 64 %- \o 2 U 0 m 69 -- VI cu. 2 '0- si €e 00 2 c c'? (u VI 69 00 x c'1 ce a e4 ff, N g@ I ssszg e s8 88z99sc: 0000 3 %coo a pz2 =?6? zzzz c?- ~su~O0-u caw: 2" 0; v3 ", c& 2 g -2- gfeats:B64* ggGs?s64 cc 'ggsess m mm~wmm m- - ui ZGmm1212 rn" -! 33 m- *. 09 mc-umw c 03- c! w- me ? 2- u -- at ogzggg64at ?8"z ate- ocoggg 000 99 g ;g 0 *m v3 -4 c? ? - :? m =- uz e+ c.( -? 5; P4-m ,qg 8 h 'zmmo Y dcj, 4 9: "" '0 v? 30, mmm sc,= w64,mO 6464- 64 s2 82 zco .c=! 2zz 64- I 12- - '%=" ; 2zzzgzzg64 LO8 (vo9\99 v cmuwcc 9 -?* 2 6 GZ 12 m- 8 L. 64-m 64 e3 I om a 22 & 'rc >. s p a2 HZ 2.2 28 a< 25 z $2 ug WW 0.2 ,gp?(Y=?Ss': $(. - a0 L.54ma$Gsgz z2g 9 m -zsz , !2!2 w *Or4PW600C 64 12 at e. '" "" -?- 6464 & s30 6 5 9 gm s zszg zPg" 8 m 8 00 d 0 m 3 ' 0,CO 52 rn 62- ?Zms\ ",zg at- owd -Egl $qLmo64T -. -. --" P 2- -. P. Hs 6464 8 '855 82 -08a gag at- ~~Lmo64~LA 42 $x 6 SE 42 zmm b?zc?zzz G:\omm12r- &XiG\d 40 (.F 04 Faa dZ-&% a S" Z" Z" ? $k *, a~zgSS"-%2Z 64 64 64 e3 6464 '2SZ'2Sat *Q yw G of?, ue x 3 '2 \9c? .-.9 - 64 Iz 64 CI- at- mm 622 LA64 'rc'rc* Srzl *z wo om II C*mmd00 h 22o99 s! e. v? 09 9 12- 4 L. 2zzg 64 646464 mm-mv3 CCI mmPv3wo\ 1222 W" 'c? 00 -* -?" 09 c?- q\O~WPvlW E e E -= 3n G -= 30 -3 '= = - c L C Eer - vl- .- =Cn:, 9 .- $$%.ZZ Y 0)c JZ 6Z2=' .- 2 1 ,: '5 - EY=z= 3 3 z&h.J = 2 F cxzk f 4 a' - sr.gt- 5 Of% 2 s4g$z;:~ ci -- z.=-gs= 232 ffib* 3 '3 3 6 -2 g .s - - = 'i: 3 v) & :<% 3 2 9 3 J 2 ,g 3 J g g .- 2 .z 3 5 g 3 6 6 g 4 2 2; m:z 3 m I .- c r a2 -m fi E .- u .- - - m .s-e s? ;n - f k---3- EC - sa - o -n 4s;= czz - = 'J c c ,na 2 u. y-p! %- y?T??- (Yo- e,,,,,-&mma-?m 9 0 m v! -- 22 00 * m 69 0 8 tf) 3 * m. vl tf) * z vl -3 vi tf) 9 w P4 a 53 K z tf) PI W P VI tf) 0" Crl 3 2 0 v * rc) @ =Q g+ u 90 8 '0 r. 8.Z0 8 * a, aJ - I g *" -*mmm 0 y?;?z v! 5 mffgg *- c\ @,cis; " ln" -- G" G- z- - g,,L2aa 55s r( 88888 b ogggg -- * u 8 zz a Qd *s 5: w? q 5 y %c=' z z 5, q 8 g 00 53 52 Tl*g 2 2 z- z- z zc $5 &+ w 3 24 3 g * ox ,d q g cz U"O*'O uo &%"XZfi --Zcam-3 L, 2 -. "" ", m. 9 so 5g;ggs 013, Y*4 ':a - 5 e - - c,.aZ :g"o-evl - 9 -- '0. 2- -" -- s 3;3 5~~~~$ &W 43 "X?"" ;!=4 *z z3mm"-2 5g Ul 4s FIr4mmmcI 2; - k:wa-m ?Z%Z 2 i q 2 00. rn" 0- 8E Qg$sss 2g Z$ O& - "e ln 95 w 3- - az 03- g5 0 4 62 so 69- @., ",%"-" 5s w* L 6 z '0- 0-3 mcln\o p1 8 9 -* '", r- -- -" 32 zg 5E?s$k 04 c! me-, I, I L L *o 2u 2 - &+ Ul d*F-lOoF-l (v PNP zz2x3 gzggzgg =&I*r4-gav *"-zss2 (v(v - 0 =!! * O 2 -Y -0i so,= &$Z %3E *2!z -- 3 5 Qr.3 13tz .- -9 mn -? d - c (v \d 0- c\ v) * I? (v : 8 * % 0 v) = 2 cI z * fi H "., s3 gL >-, G 2: 0 9 2 $ '0, * r. 8 4 -e F 0 EXHIBI7: RATE SHEET LONG-TERM BIOLOGICAL MONITORING AM) PKOT REVEGETATION PROGRAM FOR TRE BATIQUITOS LAGOON ENEAIYCEMENT PROJECT e n ,\? Yr. 1 Yr. 2 Yr. 3 Yr. 5 Yr. 10 Merkel & hsociates Merkel, K. $ 105.00 $ 107.21 $ 109.46 $ 114.10 $ 126.60 Mayer, D. $ 65.00 $ 66.37 $ 67.76 $ 70.63 $ 78.37 Reiser, C. $ 65.00 $ 66.37 $ 67.76 $ 70.63 $ 78.37 Ince, K. $ 65.00 $ 66.37 $ 67.76 $ 70.63 $ 78.37 Cull, K. $ 60.00 $ 61.26 $ 62.55 $ 65.20 $ 72.34 Hamilton, P. $ 52.00 $ 53.09 $ 54.21 $ 56.51 $ 62.70 Hanson, H. $ 52.00 $ 53.09 $ 54.21 $ 56.51 $ 62.70 , Beard, H. $ 42.00 $ 42.88 $ 43.78 $ 45.64 $ 50.64 Spiegleberg, M. $ 42.00 $ 42.88 $ 43.78 $ 45.64 $ 50.64 Woodfield, R. $ 42.00 $ 42.88 $ 43.78 $ 45.64 $ 50.64 Bio. Techician $ 35.00 $ 35.74 $ 36.49 $ 38.03 $ 42.20 Graphics Technician $ 42.00 $ 42.88 $ 43.78 $ 45.64 $ 50.64 Word Processing $ 35.00 $ 35.74 $ 36.49 $ 38.03 $ 42.20 Revegetation Crew $ 28.00 $ 28.59 $ 29.19 $ 30.43 $ 33.76 Lunz, J. $ 105.00 $ 107.21 $ 109.46 $ 114.10 $ 126.60 Lissner, A. $ 93.39 $ 97.83 $ 99.52 $ 103.39 $ 113.09 Mullen, T. $ 54.04 $ 56.63 $ 57.58 $ 59.83 $ 65.44 Heilprin, D. $ 48.97 $ 51.29 $ 52.18 $ 54.20 $ 59.31 Stephens, J. $ 108.14 $ 111.38 $ 114.72 $ 121.71 $ 141.09 Bond, A. $ 72.90 $ 75.09 $ 77.34 $ 82.05 $ 95.12 Morris, P. $ 36.45 $ 37.54 $ 38.67 $ 41.02 $ 47.56 Singleton, M. $ 75.00 $ 76.58 $ 78.18 $ 81.50 $ 90.43 Carpenter, M. $ 50.00 $ 51.05 $ 52.12 $ 54.33 $ 60.28 Keane, K. $ 55.00 $ 56.16 $ 57.33 $ 59.77 $ 66.31 Baxter, R. $ 50.00 $ 51.05 $ 52.12 $ 54.33 $ 60.28 Campbell, K. $ 45.00 $ 45.95 $ 46.91 $ 48.90 $ 54.26 Hamilton, R. $ 45.00 $ 45.95 $ 46.91 $ 48.90 $ 54.26 Coleman, V. $ 45.00 $ 45.95 $ 46.91 $ 48.90 $ 54.26 Josselyn, M. $ 155.00 $ 158.26 $ 161.58 $ 168.44 $ 186.88 Whelchel, A. 3 57.75 $ 58.96 $ 60.20 $ 62.76 $ 69.63 SAIC Vantuna KTU+A Keane Biological Consuiting Wetlands Research Associates -.--I- ..*>> Dr. Ralph G. Appy Port of Los Angeles 425 S. Paios Verdes Street P.O. Box 151 San Pedro, CA 90733-0151 Subject: Payment of Carlsbad Administrataive Services (LAHD Agmt. No. 1419-7) . tn accordance with LAHD Reimbursement Agreement No. 141 9-7 between the City of Los Angeies and the City of Carlsbad, we are submitting this invoice to cover Carlsbad administrative services for the reporting period identified below. Payment Ca 1 c u I at i o n Merkel & Associates Inc. (Carlsbad Aareement I Invoice No. - Reporting Period Amount Approved Carlsbad Administrative Costs Amount of Consultant Invoice (Merkel) Administrative Cost (@ 5% of Invoice) Due and Payable to Carlsbad I certify under penalty of perjury that this statement is true and correct according to the terms of LAHD Agreement No. 1419-7 and that payment therefore has not been received. Gary Wayne Assistant Director of Planning Carlsbad Project Director, Batiquitos Enhancement Project 2075 Las Palmas Drive * Carlsbad, California 92009-4859 - (61 9) 438-1 161