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.
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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,
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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)
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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
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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
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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
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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.
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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
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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
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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
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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.
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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
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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
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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
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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