HomeMy WebLinkAboutLos Angeles, City of / Bd of Harbor Commissioners; 2009-07-01; 1419-8LAHD AGREEMENT NO. 1419-8
REIMBURSEMENT AGREEMENT BETWEEN
THE CITY OF CARLSBAD AND
THE CITY OF LOS ANGELES FOR COMPLETION OF THE
LONG TERM BIOLOGICAL MONITORING OF THE BATIQUITOS LAGOON
ENHANCEMENT PROJECT.
THIS AGREEMENT is made and entered into by and 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 parties to a Memorandum of Agreement (MOA) with
various federal and state agencies which established procedures and responsibilities for design,
construction and maintenance of the Batiquitos Lagoon Restoration Project (Project); and
WHEREAS, on December 10, 1996, the BOARD entered into LAHD Agreement No. 1419-7 to
reimburse CITY for the completion of long term (10 year) biological monitoring of the restored
lagoon as required in state and federal permit conditions and to assist City with administration of
the Project monitoring; and
WHEREAS, in accordance with LAHD Agreement No. 1419-7, CITY engaged the firm of
Merkel and Associates, Inc., hereinafter referred to as CONSULTANT, to perform all the
services necessary to complete the long term biological monitoring services for the Project; and
WHEREAS, CONSULTANT provided monitoring reports at years 1, 2, 3, and 5 post lagoon
restoration; and
WHEREAS, LAHD Agreement No. 1419-7, incorporated herein as Exhibit A, expired prior to
the completion of the final monitoring report for year 10.
Now, THEREFORE, in consideration of the covenants and conditions, it is agreed as follows:
1. CITY's Responsibility. CITY will provide to Board the final CONSULTANT
monitoring report for year 10 by June 30, 2009, prepared in accordance with the
agreement to conduct long term biological monitoring of Batiquitos Lagoon between
CITY and CONSULTANT ("Consultant Agreement"), which Consultant Agreement is
attached as Exhibit B, and incorporated herein by reference.
2. BOARD'S Reimbursement for CITY costs. BOARD shall reimburse CITY up to
$330,000 for i) costs incurred by CITY under Consultant Agreement for the final
monitoring report for year 10; and ii) CITY'S administrative costs incurred under
Consultant Agreement within 60 days of receipt of an invoice from City.
3. Acceptability of Consultant Work. In the event the BOARD or CITY through their
Project Directors are not satisfied with CONSULTANT'S work then the CITY Project
Director shall be obliged to meet and confer in good faith with the Director of
Environmental Management to correct the dissatisfaction. In the event that, after meeting
and conferring in good faith, the parties are unable to agree, a meeting of the CITY'S
City Manager and BOARD'S Executive Director shall be held to resolve the dispute.
4. Effective Date and Term. The effective date of this Agreement is the date of the last
signature fully executing this Agreement. The term of this Agreement shall be for six (6)
months from the effective date.
5. Proprietary Information. CITY'S Consultant Agreement shall provide that 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'S and BOARD'S 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 CALRSBAD, a Municipal Corporation of the State of California
By.
Mayor
Attest
City Clerk
APPROVED AS TO FORM:
By , 2009
Carlsbad City Attorney
CITY OF LOS ANGELES, by and through its Board of Harbor Commissioners
By
Executive Director
Attest
Board Secretary
APPPROVED AS TO,FORM:
/a 2009
Account*
Ctr/Div#
Proj/Prog#II iti,
w.o. #
Job
Budget FY: Amount:
TOTAL
For Acct/Budget Div. Use Only
Verified by:
Verified Funds Available:
Date Approved:
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year
first above written.
CITY OF CARLSBAD, a Municipal Corporation of the State of California.
Mayor
Attest
APPROVED AS TO FORM:
City Clerk
\ c^-*eja-e_
Carlsbad City Attorney
_, 2009
CITY OF LOS ANGELES, by and through its Board of Harbor Commissioners
By
Executive Director
Attest
Board Secretary
APPROVED AS TO FORM:
By._, 2009
Los Angeles Assistant City Attorney
LAHD AGREEMENT NO. 1419-7
REIMBURSEMENT AGREEMENT BETWEEN
THE CITY OF CARLSBAD AND
THE CITY OF LOS ANGELES FOR
LONG TERM BIOLOGICAL MONITORING OF THE
BATIQUITOS LAGOON ENHANCEMENT PROJECT
HARBOR DEPARTMENT
AGREEMENT Pfff- 7
CITY OF LOS ANGELES
THIS AGREEMENT is made this ' '. day of
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
WHEREAS, BOARD and CITY are parties to an Agreement ("MOA")
with various federal and state agencies which established
procedures and responsibilities for design, construction and
maintenance of the Project; and
WHEREAS, 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 to
as CONSULTANT to perform all the services necessary to
EXHIBIT A
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. Availability of Funding. The Board's obligation for payment
of any contract funds beyond the current fiscal year end 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
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.
stability 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. Appointment 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. Proprietary 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.
1 1 1 1 1 1
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first above written.
CITY
the S
OF ), a Municipa^l Corporation of
lifornia
CLAUDE A. LEWIS, Mayor
Attest
ALETHA L. RAUTENKRANZ, City C^erk
CITY OF LOS ANGELES, by and through its Board
of Harbor Commissioners
APPROVED AS TO FORM:
By_
", Executive Director
;
RONALD R. BALL, GltyJAttorney
APPROVED AS
., 1996
, 1996 \
RAYMOND PV"BENDER, Assistant Ciby Attorney
Budget - FY19
Furuls Available, Date
Exhibit 1
LAHD REIMBURSEMENT AGREEMENT 1419-7
EXHIBIT 1
CONTRACTUAL SERVICES
AND
CARLSBAD ADMINISTRATIVE SERVICES
FOR LONG TERM MONfTORING PROGRAM FOR THE
BATIQUITOS LAGOON ENHANCEMENT PROJECT
I. SUBAGREEMENT1 - CONSULTANT SERVICES
Merkel & Associates, Inc. - Contract Amt. $ 1,694,168
Long Term Monitoring Services Contingency $ 100,000
City of Carlsbad Agmt. $ 1,794,168
II. SUBAGREEMTN 2 - CARLSBAD ADMINISTRATIVE SERVICES
Staff Salaries, Supplies, Travel* 5% of Contractual
Services $ 89,708
III. SUMMARY
Contractual Services S 1,794,168
Carlsbad Administrative Services & 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.
Exhibit 2
AGREEMENT TO CONDUCT LONG TERM
BIOLOLOGICAL MONITORING OF BAT1QUITOS LAGOON
THIS AGREEMENT, made and entered into as of the day of
, 19 , by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "City's and Merkel & Associates,
Inc., Hereinafter referred to as "Consultant."
RECITALS
City requires the services of Merkel and Associates, Inc., Consultant,
to provide the necessary services to conduct long term monitoring of
Batiquitos Lagoon and to prepare the appropriate analysis and
documentation for this monitoring; and Consultant possesses the
necessary skills and qualifications to provide the services required by the
City; the City has entered into a reimbursement agreement with the Board
acting by and through the Board of Harbor Commissioners (Board) in order
to carry out the proposed long term monitoring.
NOW, THEREFORE, in consideration of these recitals and the mutual
covenants contained herein, City and Consultant agree as follows:
1. CONSULTANTS OBLIGATIONS
The Consultant shall:
A. Conduct the necessary tasks required to carry out the long
term biological monitoring program for the Batiquitos Lagoon
Enhancement Project as identified in the scope of work dated
December 3, 1996 a copy of which is attached (Exhibit A -
Scope of Work) and incorporated by reference herein.
B. Participate in such meetings as may be required in conjunction
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with the long term monitoring plan and which are specified in
Exhibit A "Scope of Work."
Q Provide assistance to City and Board in presenting the
information gathered pursuant to the scope of work in
meetings with and proceedings before the California Coastal
Commission, California Department of Transportation and
other regulatory/resource agencies, if City and Board deem
such assistance is necessary.
D. Provide all personal transportation and equipment during the
course of this agreement.
E Hold harmless all land owners granting permission for
Consultant to enter and conduct the required studies as
identified in the "Scope of Work" from Liabilities arising from
the negligence of Consultant.
F. Perform all functions, responsibilities, and requirements to
accomplish the long term monitoring program for the
Batiquitos Lagoon Enhancement Project as specified in the
"Scope of Work" Exhibit A herein above referred.
G Cooperate fully with any consultants retained by City or Board
during contact term or after termination in regard to any
aspect of contract work.
CITY OBLIGATIONS
The City shall:
A. Make available to the Consultant its records, reports, and other
documents deemed necessary to properly perform the services
required by the City.
B Review materials submitted by Consultant in a timely manner
so that the Consultant can adhere to the time schedule
contained in the "Scope of Work" - Exhibit A.
C. Announce and advertise meetings, with Consultant's
assistance, related to the completion of this agreement.
D. Provide a Project Director who shall act on behalf of the City
in the execution of this agreement.
3. PROGRESS AND COMPLETION
The work under this contract will begin upon receipt of a "Notice to
Proceed" by the City and be completed within 3740 days of that date.
Work to be done, milestones and submissions shall be provided in
conformance with the schedule provided in Exhibit A. Extensions of time
may be granted if requested by the Consultant and agreed to in writing by
the Project Director. The Project Director will give allowance for
documented and substantiated unforeseeable and unavoidable delays not
caused by a lack of foresight on the part of the Consultant, or delays
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 be
$1,694,168 . Consultant agrees to complete all service for this fee. No
other compensation for services will be allowed except those items
covered by supplemental agreements per Paragraph 8, "Changes in Work".
The City reserves the right to withhold a percent retention until the
project has been accepted by the City in accordance with the incremental
payment schedule provided in Exhibit B . This payment schedule is based
on the rate schedule provided in Exhibit C. Consultant understands that
the fixed fee and payment schedule of Exhibit B includes all costs
associated with carrying out the work including labor, mark up of
subconsultants costs (which shall not exceed seven (7) percent), overhead,
profit, any and all expenses, reimbursibles, travel, equipment, computer
time, postage, and utilities.
5. DURATION OF CONTRACT
This agreement shall extend for a period of 3740 days from date
thereof. The contract may be extended by the Project Director for one
additional six month (6) period (183 days) or parts thereof, based upon a
review of satisfactory performance and the City's needs. The parties
shall prepare extensions in writing indicating effective date and length of
the extended contract.
6. PAYMENT OF FEES
Payment of approved items on the invoice shall be paid in the course
of City business following delivery of invoices to the City and Board
provided, however, that no fees shall be paid until the invoices have been
approved by City and Board. City reserves the right to withhold quarterly
payments if City determines that said submittal is incomplete or work to
be carried out was not completed. Further, in accordance with Exhibit B
City, will withhold a portion of annual contract payment until the annual
final report has been accepted by City and Board. Payment of any invoices
pursuant to this section shall not constitute a waiver by City of any
breach of any part of this agreement.
7. SUBMISSIONS
Consultant shall deliver to City and Board all submittals in
accordance with the schedule provided in Exhibit A.
8. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the
Consultant or the City in consultation with the Board, and informal
consultations with the other party indicate that a change in the conditions
of the contract is warranted, the Consultant or the City may request a
change in contract. Such changes shall be processed by the City in the
following manner: A letter outlining the required changes shall be
forwarded to the City and the Board by Consultant to inform them of the
proposed changes along with a statement of estimated changes in charges
or time schedule. A Standard Amendment to Agreement shall be prepared
by the City and approved by the City according to the procedures described
in Carlsbad Municipal Code Section 3.28.172 and in accordance with the
reimbursement agreement between the City and Board. The Project
Director shall have the authority to adjust the cost and term of this
agreement within the limits of the City/Board Reimbursement Agreement
(LAHD 1419-7) without additional City approval. Such Amendment shall
not render ineffective or invalidate unaffected portions of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed or
retained any company or person, other than a bona fide employee working
for the Consultant, to solicit or secure this agreement, and that
Consultant has not paid or agreed to pay any company or person, other than
a bona fide employee, any fee, commission, percentage, brokerage fee,
gift, or any other consideration contingent upon, or resulting from, the
award or making of this agreement For breach or violation of this
warranty, the City shall have the right to annul this agreement without
liability, or, in this discretion, to deduct from the agreement price or
consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fees, gift, or contingent fee.
10. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the state and federal laws
regarding nondiscrimination.
11. TERMINATION OR SUSPENSION OF CONTRACT
In the event of the Consultant's failure to prosecute, deliver, or
perform the work as provided for in this contract, the City Manager may
terminate this contract for nonperformance by notifying the Consultant by
certified mail of the termination of the consultant. The Consultant,
thereupon, has five (5) working days to deliver said documents owned by
the City and all work in progress to the City Project Director. The
Project Director shall make a determination of fact based upon the
documents delivered to City of the percentage of work which the
.Consultant has performed which is usable and of worth to the City in
having the contract completed. Based upon the finding as reported to the
City Manager, the Manager shall determine the final payment of the
contract.
This agreement may be terminated by the City upon tendering thirty
(30) days written notice to Consultant. In the event of such termination,
upon request of the City, the Consultant shall assemble the work product
and put same in order for proper filing and closing and deliver said product
to City. In the event of termination, the Consultant shall be paid for work
performed to the termination date; however, the total shall not exceed the
lump sum fee payable under paragraph 4. The City Manager shall make the
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 (10) day period,
Consultant shall cease the performance of the work thereunder. City shall
be entitled to have as its property all preliminary exhibits, plans,
calculation, reports, text, and other data prepared by Consultant and shall
pay Consultant, therefore, in accordance with the immediate foregoing
paragraph. Consultant shall not commence any services without written
approval from the City.
12. DISPUTES
If a dispute should arise regarding the performance of work under
this agreement, the following procedure shall be used to resolve any
question of fact or interpretation not otherwise settled by agreement
between parties. Such questions, if they become identified as a part of a
dispute among persons operating under the provisions of this contract,
shall be reduced to writing by the principal of the Consultant or the City
Project Director. A copy of such documented dispute shall be forwarded
to both parties involved and the Board along with recommended methods of
resolution which would be of benefit to both parties. The City Project
Director or principal receiving the letter shall reply to the letter along
with a recommended method of resolution within ten (10) days. If the
resolution thus obtained is unsatisfactory to the aggrieved party, a letter
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 City
must be asserted as part of the contract process as set forth in this
agreement and not in anticipation of litigation or in conjunction with
litigation. The Consultant acknowledges that if a false claim is submitted
to the City, it may be considered fraud and the Consultant may be subject
to criminal prosecution. The Consultant acknowledges that California
Government Code sections 12650 et seq.. the False Claims Act, provides
for civil penalties where a person knowingly submits a false claim to a
public entity. These provisions include false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or
falsity of information. If the City of Carlsbad seeks to recover penalties
pursuant to the False Claims Act, it is entitled to recover its litigation
costs, including attorney's fees. The Consultant acknowledges that the
filing of a false claim may subject the Consultant to an administrative
debarment proceeding wherein the Consultant may be prevented to act as a
Consultant on any public work or improvement for a period of up to five
years. The Consultant acknowledges debarment by another jurisdiction is
grounds for the City of Carlsbad to disqualify the consultant from the
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,
3.32.026, 3.32.027, and 3.32.028 pertaining to false claims are
incorporated herein by reference. (Initial)
14. STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for herein in
Consultant's own way as an independent consultant and in pursuit of
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 be
accomplished, but shall consult with the City as provided for in the
request for proposal. The persons used by the Consultant to provide
services under this agreement shall not be considered employees of the
City for any purposes whatsoever.
The Consultant is an independent consultant of the City. The
payment made to the Consultant pursuant to the contract shall be the full
and complete compensation to which the Consultant is entitled. The City
shall not make any federal or state tax withholdings on behalf of the
Consultant or his/her employees or subconsultant. The City shall not be
required to pay any workers' compensation insurance or unemployment
contributions on behalf of the Consultant or his/her employees or
subcontractors. The Consultant agrees to indemnify the City and Board
within 30 days for any tax, retirement contribution, social security,
overtime payment, unemployment payment or workers' compensation
payment which the City may be required to make on behalf of the
Consultant or any employee or subconsultant of the Consultant for work
done under this 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 for
employment of all agents, employees, subconsultants and Consultants that
are included in this agreement.
15. CONFORMITY TO LEGAL REQUIREMENTS
The Consultant shall cause all work and work products to conform to
all applicable requirements of law: federal, state and local. Consultant
shall provide all necessary supporting documents, to be filed with any
agencies whose approval is necessary and at the request of the Project
Director.
16. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and analyses as
herein required are the joint property of the City and the Board, whether
the work for which they are made be executed or not. In the event this
contract is terminated, two copies of . all documents, plans,
specifications, drawings, reports, studies, and analyses shall .be delivered
forthwith to the City and to the Board in both hard copy and in electronic
format in adherence with the scope of work. Consultant shall have the
right to make one (1) copy of the documentation for his/her records. Any
use of information collected or prepared as a result of this agreement
shall not be published, presented or otherwise used by the Consultant
10
without prior written approval of the Project Directors for City and Board.
Consultant agrees that all work/analyses shall be carried on compatible,
nonproprietary equipment and software to facilitate use by City and Board.
17. REPRODUCTION RIGHTS
The Consultant agrees that all copyrights which arise from creation
of the work pursuant to this contract shall be vested in City and the Board
and hereby agrees to relinquish all claims to such copyrights in favor of
City and Board.
18. HOLD HARMLESS AGREEMENT
Consultant agrees to indemnify and hold harmless the City of
Carlsbad and the Board and their officers, officials, employees, agents and
volunteers from and against all claims, damages, losses and expenses
including attorney fees arising out of the performance of the work
described herein caused in whole or in part by any willful misconduct or
negligent act or omission of the consultant, any subconsultant, anyone
directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable, except where caused by the active negligence,
sole negligence, or willful misconduct of the City of Carlsbad or Board.
Consultant shall at his own expense, upon written request of the City,
defend any such suit or action brought against the City, its officers,
officials, employees and volunteers. Consultant's indemnification of City
or Board shall not be limited by any prior or subsequent declaration by the
consultant.
19. ASSIGNMENT OF CONTRACT
The Consultant shall not assign this contract or any part thereof or
any monies due thereunder without the prior written consent of the City
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and Board.
20. SUBCONSULTING
If the Consultant shall subconsult any of the work to be performed
under this contract by the Consultant, Consultant shall be fully
responsible to the City for the acts and omissions of Consultant's
subconsultant and of the persons either directly or indirectly employed by
the subconsultant, as Consultant is for the acts and omissions of persons
directly employed by Consultant. Nothing contained in this contract shall
create any contractual relationship between any subconsultant of
Consultant and the City. The Consultant shall bind every subconsultant
and every subconsultant of a subconsultant by the terms of this contract
applicable to Consultant's work unless specifically noted to the contrary
in the subcontract in question approved in writing by the City and Board.
It is understood that the Consultant intends to engage these
subconsultants for performance of portions of the work:
- Science Applications International Corporation
- Kawasaki, Theilacka, Ueno & Associates (KTU+A)
- Vantuna Research Group
- Wetland Research Associates, Inc.
21. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf
of the City to negotiate, make, accept, or approve, or take part in
negotiating, making, accepting, or approving of this agreement, shall
become directly or indirectly interested personally in this contract or in
any part thereof.
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22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or
employee of the City, either before, during or after the execution of this
contract, shall affect of modify any of the terms or obligations herein
contained nor entitle the Consultant to any additional payment whatsoever
under the terms of this contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, "Hold Harmless
Agreement," all terms, conditions, and provisions hereof shall inure to and
shall bind each of the parties hereto, and each of their respective heirs,
executors, administrators, successors, and assigns.
24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first
written above.
25. CONFLICT OF INTEREST
The City has determined, using the guidelines of the Political
Reform Act and the City's conflict of interest code, that the Consultant
will not be required to file a conflict of interest statement as a
requirement of this agreement. However, Consultant hereby acknowledges
that Consultant has the legal responsibility for complying with the
Political Reform Act and nothing in this agreement releases Consultant
from this responsibility.
26. INSURANCE
The Consultant shall obtain and maintain for the duration of the
contract, and any and all amendments, insurance against claims for
injuries to persons or damage to property which may arise out of or in
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connection with performance of the work hereunder by the consultant, his
agents, representatives, employees or subconsultants. Said insurance
shall be obtained from an insurance carrier admitted and authorized to do
business in the State of California. The insurance carrier is required to
have a current Best's Key Rating of not less than "A-:Vn and shall meet
with City's policy for insurance as stated in Resolution No. 91-403 and
the insurance requirements of the Port.
A. Coverages and Limits.
Consultant shall maintain the types of coverages and minimum
limits indicated herein:
1. Comprehensive General Liability Insurance. One Million
($1,000,000) per occurrence for bodily injury, personal
injury and property damage and Two Million ($2,000,000)
annual aggregate limit. Said insurance shall contain a
defense of suits provision. Where consultant uses or
operates vehicles (other than automobiles), watercraft
or aircraft, coverage shall be provided as above. If
aircraft insurance is held by a third party, City and Port
must be named as additional insureds for the date of
aircraft use.
2. Automobile Liability (if the use of an automobile is
involved for contractor's work for the City). $1,000,000 combined single-
limit per accident for bodily injury and property damage.
3. Workers' Compensation and Employer's Liability.
Workers' Compensation limits as required by the Labor Code of the State
of California and Employer's Liability limits of $1,000,000 per accident
14
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 claim. 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 following
provisions:
1. The City and the Board and their officers, officials,
employees, agents and volunteers shall be named as an
additional insured on all policies excluding Workers'
Compensation and Professional Liability.
2. The consultant shall 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-made
coverage.
4. This insurance shall be in force during the life of the
agreement and any extension thereof and shall not be canceled without 30
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 declare
the consultant in breach, or may purchase replacement insurance or pay
the premiums that are due on existing policies in order that the required
coverages may be maintained. The consultant is responsible for any
15
payments made by the City to obtain or maintain such insurance and the
City may collect the same from the consultant or deduct the amount paid
from any sums due the consultant under this agreement.
27. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices
or to receive written notice on behalf of the City and on behalf of the
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 Mgr./Prin. Consultant
Name: Mr. Keith Merkel
Address: 4455 Murphy Canyon Road, Suite 120
San Diego, CA 92123
For the purposes of this contract it is understood that Mr. Keith Merkel is
the Consultant Project Manager and that this duty may not be reassigned
without formal request by consultant and express written permission by
City and Board. City and Board reserve the right to disallow change in
Project Managers and reserve the right to select a qualified Project
Manager at its discretion at no additional cost to the contract. This
.Project Manager may be selected from consultant's firm or a qualified
member of a subsonsultant listed herein.
16
28. BUSINESS LICENSE
Consultant shall obtain and maintain City of Carlsbad and City of Los
Angeles Business Licerises for the duration of the contract.
29. AVAILABILITY OF FUNDING
The City's obligation for payment of any contract funds beyond the
current fiscal year end is contingent upon the availability of funding from
which payment can be made. No legal liability on the part of the City shall
arise for payment beyond June 30 of the calendar year unless funds are
made available for such performance.
30. ENTIRE AGREEMENT .
This agreement, together with any other written document referred
to or contemplated herein, embody the entire agreement and understanding
between the parties relating to the subject matter hereof. Neither this
agreement nor any provision hereof may be amended, modified, waived or
discharged except by an instrument in writing executed by the party
against which enforcement of such amendment, waiver or discharge is
sought.
17
Executed by Consultant this day of . 1 9
CONSULTANT, Merkel & Associates, CITY OF CARLSBAD, a municipal
Inc. corporation of the State of California
BARBARA L. MERKEL
President
KEITH W. MERKEL
Vice President/Secretary
By:_
City Manager or Mayor
ATTEST:
By:.
ALETHA L. RAUTENKRNAZ
City Clerk
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:_
Deputy City Attorney
Merkel & Associates, Inc. Decembers. 1996
BATIQUITOS LAGOON LONG-TERM BIOLOGICAL
MONITORING AND PILOT VEGETATION PROGRAM
SCOPE OF WORK
TASK 1.0 LONG TERM BIOLOGICAL MONITORING PROGRAM
1.1 Vegetation
1.1.1 Wide-scale Vegetation Assessment
Vegetation Mapping
The system-wide vegetation mapping and trend analyses to be conducted within the Lagoon will use several
tools including aerial imagery and intermediate digital rectification topography, computer-enhanced spectral
analyses, ground-truthing, GIS-assisted trend analyses and change quantification. Using the processed
digital images of the false color infrared ortho-photographs taken in May-June, or alternatively, in August
of years 1, 2, 3, 5, and 10, vegetation in and surrounding the lagoon will be plotted.
Ground Truthing and Map Verification
Once maps are plotted, ground-truthing will be conducted by random selection of 200 proof points, as well
as focused reviews of problematic areas. In subsequent years, ground-truthing will be driven by annual
GIS layer comparisons indicating changes between spectral reflectance of the near infrared and visible color
bands. Again, proof points will be randomly selected, but selection will be from the reduced field of
changed habitats. This approach will be continued for each consecutive year.
Incidental Observations on Habitat Status
During the course of field training and transect sampling (Task 1.1.2), areas showing high levels of
disturbance, exotic species infestations, and vegetation stress, damage, or disease will be noted and
identified using differential Global Positioning System (dGPS). Information will be incorporated into the
monitoring year GIS vegetation layer as attribute codes on point or polygon data. The development of
unique or high-interest vegetation (eg. the first occurrences of cordgrass, or evidence of new marsh
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 and
to calculate habitat conversions or expansions into unvegetated areas. The M&A Team will include digital
topography layers along with vegetation layers to better evaluate the role of elevation in habitat
development.
1.1.2 Transect Vegetation Monitoring
Sampling Approach
M&A will generally adopt the sampling locations and approach taken in the 1994 pre-construction
monitoring; however, the following modifications are to be made in order to increase the information yield:
• An additional eighth monitoring station will be added along the southeastern portion of the
site where San Marcos and Encinitas Creeks first enter the lagoon.
• Soil samples will be taken along vegetation transects to determine grain size distribution,
total organic carbon (TOC) content, redox potential, and nitrate-nitrogen.
• Once transects are randomly established along a baseline extending perpendicular to the
lagoon contours, they will be permanently monumented and will be re-surveyed each
consecutive year. Elevations of die transects will be established by survey and sediment
levels and monitored by the use of deeply-seated, off-set grade stakes.
EXHIBIT A A-l
Merkel & Associates, Inc. Decembers, 1996
• 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 Reporting
Quantitative vegetation data will be presented in bodi graphic and tabular layouts. Data will be evaluated
based on standard reporting and 10-year success milestone requirements for pickleweed. In addition, data
will be analyzed for species composition as a function of elevation and soil salinity; vegetation structure as
a function of elevation, soil salinity, total organic carbon, and soil nitrate-nitrogen; and vegetation cover
as a function of the same physical parameters.
1.2 Fisheries Studies
Sampling Approach
The fish monitoring program will include quarterly sampling conducted in January, April, July, and
October 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 upon
water depth and sediment characteristics. Three-fold replication will be done for all stations and gear.
Sampling will occur at the five stations established in the pre-dredging monitoring program and will be
similar in location to the distribution of stations indicated in the present RFP. Differential GPS will be used
for survey positioning and navigation of trawl lines of a standard length and locations. Along with the
collection of fisheries information on species and individual counts, individual standard lengths, and
biomass. Surficial abnormalities will be noted.
Data Analysis
Analytical treatment of the fish data will be conducted using both parametric and non-parametric statistics
to evaluate temporal and spatial trends in fish community structures within the Lagoon. Statistical tools
which will be applied in the analyses include a one-way analysis of variance (ANOVA) and SNK multiple
range tests. Prior to statistical testing for community parameters, cluster analyses will be performed using
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 5
stations discussed for fisheries studies. Samples will be collected intertidally between 2 and 4 feet MLLW
and subtidally below -2 feet MLLW by shore staff working at low tide. At each station, a 6-inch (15 cm)
core sampler will be used to extract 5 subtidal and 5 intertidal samples at randomized locations within 10
meters of the sampling station. A 100 gram subsample will be taken and washed through a 0.5mm sieve
while the remainder of each sample will be washed dirough a 1.0mm sieve. One additional sample will be
collected from each tidal elevation in order to conduct grain size and TOC analyses. Organisms from the
samples will be identified as to major taxonomic groups, and weighed to determine the group composition
and total wet weight of each sample. The 100 gram subsample will be treated in the same manner. This
will allow for a determination of the biomass and organism numbers comprised by smaller animals which
may not be directly available to fish and birds as prey items. Finally, all samples will be cataloged and
preserved as separate groups in a 10% formalin/seawater solution and transferred to 70% ethanol after one
week for long-term archival.
Epibenthic Sampling
A quadrat sampling program will be used to characterize macro-epibenthic fauna within me same areas
examined for infauna. For this work, a 1m2 quadrat will be randomly placed within intertidal and subtidal
areas and direct observational counts of macrofauna will be made. A total of 3 to 5 quadrats will be
EXHIBIT A A^2
Merkel & Associates, Inc. Decembers, 1996
sampled for each tidal zone by working in intertidal and shallow subtidal areas at low tide. One proposed
addition to the sampling effort involves the quantification of both macrophytes (predominately macro-algae),
and any associated epifauna resources. To account for highly mobile species, the fisheries square enclosure
will include the use of fine mesh sweep nets to capture organisms from the surface of the sediment. These
samples will be bagged in the field and sorted and weighed later hi the laboratory.
Data Analyses and Reporting
Both infaunal and epibenthic data will be analyzed using parametric and non-parametric statistics to evaluate
spatial and temporal trends. Sediment gram size and TOC will be examined as correlates to community
composition and biomass. Log transformation will be reaped to normalize sample variance. Prior to
statistical testing for community parameters, cluster analyses will be performed using the SAS procedure
(PROC CLUSTER). Hierarchical clusters will be formed using physical parameters as sorting indices.
Statistical tools to be applied include one-way ANOVA and SNK multiple range tests.
1.4 Avian Surveys and Habitat Use
1.4.1 General Avian Surveys
Survey Techniques and Study Areas
Surveys will be conducted hi January, March, July, and October of each survey year. Surveys will be
conducted within the 6 Lagoon study blocks of the 7 originally defined avian study blocks. Surveys will
be conducted over two consecutive days during each survey interval. Double counting will be minimized
by performing simultaneous surveys of multiple areas. Surveys of all east basin blocks (Areas 2-5) will be
conducted concurrentiy, as will surveys of the west and central basin blocks (Areas 6 and 7). Three, two-
person teams of trained field ornithologists will cover the areas by conducting saturation surveys on-foot
and from a boat. Surveys will be conducted over one-half tidal cycle (approximately 6 hours) and will be
scheduled to coincide with die full range in tidal inundation levels. During the survey, hourly records of
tide height, as measured by a permanent staff gauge, will be made. Surveys will occur only when mean
wind speeds are less than 10 knots, as determined using a hand-held anemometer. Collected data will
include species, counts, activities of birds, habitat in which the birds are occurring, and any factors which
may be influencing the behavior of the birds. It is understood that monitoring of California least tern and
snowy plover sites and predator control associated with lagoon management will be carried out by the
California Department of Fish and Game.
Data Analysis and Reporting
Parametric statistics will be applied to analyze relationships between available habitat and avian abundance
and activities by guilds of birds. Further analyses will examine seasonal abundance patterns by guild and
inter-annual abundance. Statistical tools will include cluster analysis, ANOVA, and standard t-tests for
single factor comparisons.
1.4.2 Belding's Savannah Sparrow Surveys
Surveys for the state endangered Belding's Savannah Sparrow will be performed two times each year during
the breeding season (April through July) for the duration of the monitoring effort. During the first
monitoring year aerial photographs and previous survey methodology and results will be reviewed and
permanent census stations will be established. CDFG and omer appropriate agencies and organizations will
be notified prior to survey work. Surveys will be performed by six qualified individuals on one day.
Collected data will include location of singing males and resting females, breeding behavior (such as
carrying food for young), presence of fledglings, and presence of potential predators. Survey results for
each year will be summarized in a report that will include a table and map documenting estimated number
and territories of breeding paris and fledglings.
1.5 Water Quality/Sediment Investigations
1.5.1 Water Quality Sampling
Water quality parameters of dissolved oxygen, temperature, turbidity, and conductivity will be sampled as
field data collection parameters using a multiprobe Hydrolab Datasonde IV. Chlorophyll a will be
EXHIBIT A A^3
Merkel & Associates. Inc. Decembers, 1996
determined by laboratory analyses. Sampling will be done quarterly, concurrent with fisheries studies, at
each of the 5 fish and benthic stations. Where water depths allow, surface, mid-depth 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. Bodi
water and sediment quality samplings will be coordinated with the CDFG monitoring program to maximize
synoptic data collection and use of data.
1,5.2 Sediment Quality and Character
Sediment sampling will be conducted quarterly at the location of benthic sampling stations and along the
vegetation sampling transects at three different elevation zones. Sampling will include three-fold replication
for all field 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 extract
a suitable porewater sample, salinity and pH will be determined through collection of samples and removal
to the laboratory to conduct analyses on rehydrated soils following the saturation paste methods outlined
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. Two,
100 ml samples of sediment will be collected at each station and will be transported on ice to the laboratory.
One sample will be analyzed for TOC and kept frozen until analyses are conducted. The second sample
will be tested for grain-size distribution and stored at 4°C until tests are completed. TOC tests will be
completed following standard ASTM test methods of high temperature combustion and non-dispersive
infrared detection of C02 (ASTM 2579, EPA 415). Grain size distribution will be completed by wet-sieve
standard methods through an ASTM E-ll sieve stack in accordance with ASTM D-1140 protocols. Data
will be presented as grain-size distribution and percent gravel, sand, silt, and clay.
1.6 GIS Spatial Data Management/Aerial Imagery
1.6.1 Develop Mapping Methodology
Standards will be set for the GIS database, computer mapping, aerial photography, field mapping, and data
input. State plane coordinates will be used along with NAD 1983 datum. Appropriate mapping and ground
control standards will be used to allow for multi-year registration of aerial images, topography, and field
mapping notes. GIS database products will be used to document not only changes, but to serve as analytical
tools in evaluating cause and effect relationships between data. To support this goal, GIS data management
will be integrated into the field sampling and data collection procedures to ensure continuity in the program.
1.6.2 Collect Existing GIS and Other Mapping Data
Regional and sub-regional data will be reviewed from KTU+A's existing SANDAG/MSCP/MHCP/NDDB
files. These files will be supplemented with CAD files from the City of Carlsbad. They will also be
integrated with digital map data collected from the Port of Los Angeles, as well as with physical and avian
data provided by CDFG. Other existing data sources will be identified and a method to integrate them into
the project database will be developed.
1.6.3 Drawing/Coverage Preparation
Sample plots of base map information will be used to verify the project.limits and provide more precise
boundaries for future flights. The initial aerial flight will produce base map information in addition to the
digital orthophoto. Data layers will be organized and a GIS layering scheme will be developed. A method
for identifying contents, source and mapping standards will be developed for the data layers; these files will
be used in registration. Errors will be analyzed and noted for future ground truthing. Once post
construction "as built" data files are made available, they will also be integrated with the other GIS layers.
EXHIBIT A A-4
Merkel & Associates, Inc. Decembers, 1996
1.6.4 Digital Orthotopography
Close attention will be given to setting flight schedules including time of year, tidal position, solar angle
and weather conditions. Survey crews will be used to set several ground control points to serve as die basis
for multi-year photogrammetric products. Subsequent checking of rnese ground points will occur before
each monitoring year flight. Aerials will be taken using false color infrared negatives using a Zeiss RMK
Top camera with digital interface and Forward Motion Compensation. Flights will require two flight
tracks with 60% forward overlap and 30% side lap needed to provide adequate stereo pairs. These low
altitude shots will be taken at a scale of 1" = 400'. An overall spot shot will be taken of the entire lagoon
and its immediate environs.
Photography will be aerotriangulated using ground control and placed on NAD 83 CA State Plan Zone 6
and NGVD 29. A Digital Elevation Model (DEM) of the project area will be produced using direct stereo
photogrammetric methods. For the initial year, a more detailed DEM will be used and full
photogrammetric base mapping will be provided. The MLLW tide line wfll also be digitized. The original
aerial film will be scanned at 12.5 micron in 24 bit 3 band color. Ten onhophoto images will be made
using the aerial photography scans, DEMS and the aerotriangulation orientation elements. Images will be
tiled in 2,500' by 3,000' tiles and processed as TIFF images. The rectified ortho-photo image will be
processed for maximum accentuation of wedand vegetation and subtidal water penetration. The initial year
image will be processed, and with the help of field biologists, sample vegetation spectral signatures will be
identified to help with unattended rastor'classification. The system will be adjusted based on field
verification until a high level of accuracy can be obtained. The trained model will be used as the basis for
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 me client and other Team
members to specify a common and defensible baseline. Remaining efforts on database development include
the inputting, digitizing, and linking data from the biological monitoring results. Data on bathymetry,
sedimentation, and tides provided by CDFG will also be input. All tabular field data will be connected widi
spatial data points and polygons in the GIS coverage.
The classified data resulting from spectral analysis will be used as a basis for vegetation boundary
adjustments. Tracing and adjusting polygon edges will be completed at this stage. A composite vegetation
map will be produced and verified by the field biologists. A quantitative summary of these habitats will
be produced. Subsequent mapping efforts will rely on corrected digital orthophoto images, processed for
spectral classification and highlighted widi changes resulting from the previous years for comparison. A
proof plot indicating probable changes will dien be used in me field to verify or correct die automated
classification and change detection system. The annual extent of native and non-native habitats will be
summarized and the Pilot Revegetation areas will be noted and compared with subsequent imagery.
1.6.6 GIS Application Development
Beyond the deliverables of Arclnfo files, an effort wfll be included diat will convert all UNDC Arclnfo
coverage into DOS/Windows NT based ArcView files. These files will include legend development, tibeme
layers, and attribute descriptions. The data use requirements will be identified by reviewing die computer
hardware, software, and training levels of both the City of Carlsbad and the Port of Los Angeles. Annual
uploads of the data in ArcView and Arclnfo formats will be accomplished. A training manual describing
the contents, sources, and uses of the database will also be delivered at the end of the first monitoring year.
EXHIBIT A A-5
Merkel & Associates, Inc. Decembers, 1996
TASK 2.0 PILOT VEGETATION PROGRAM
2.1 Eelgrass Restoration
2.1.1 Restoration Area and Donor Site Selection
Receiver site selection will take into consideration, elevation, current regime, sediment consistency and
stability, turbidity, and available light. The selection process will also include consideration of proximity
of donor beds to planting sites, donor bed density and health, and recovery potential. In addition to site
suitability factors, the selection of planting sites will include consideration of prevailing currents and wind
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 Oceanside
Harbor. Another possible harvest area is Mission Bay. Based on approved harvesting and planting
programs, M&A will obtain a letter of permission from CDFG to harvest eelgrass from salvage sites.
2.1.2 Transplant Program
A total transplant of 1.0 acre distributed over 10 different sites, each approximately 0.1 acre in size will
be conducted. In order to allow time for the system to stabilize with die restored tidal conditions, the
planting of eelgrass would be delayed until early in the second year (March-April 1998).
2.1.3 Transplant Monitoring
Transplant areas will be mapped using GIS and staked in the field with deeply set PVC pipe. GPS positions
will be taken for transplant corner points. The transplant areas will be reviewed 3 and 6 months after
planting to determine the qualitative condition of the plantings. Quantitative monitoring will be conducted
at 12, 36, and 60 mondis post planting (years 3, 5, and 10). This monitoring will include a review of the
turion densities widiin the transplant plots and will also include transect-based assessments of eelgrass
coverage.
2.2 Cordgrass Restoration
2.2.1 Restoration and Donor Site Selection
Cordgrass will be collected from as many sites in the region as is practical. Key among the donor areas
will be Agua Hedionda Lagoon, Los Penasquitos Lagoon, die San Diego River Channel, and San Dieguito
Lagoon.
2.2.2 Transplant Program
A total transplant of 1.0 acre distributed over 20 different sites, each approximately 0.05 acres in size will
be conducted. All transplant sites will be mapped using dGPS and GIS. Planting of cordgrass will be
delayed until early in die second year (March-April 1998) in order to allow die system time to stabilize.
2.2.3 Transplant Monitoring
Concurrent with die eelgrass monitoring effort, the cordgrass transplant areas will be reviewed 3 and 6
months after planting to determine die qualitative condition of die plantings. Quantitative monitoring will
be conducted at 12, 36, and 60 mondis post-planting (years 3, 5, and 10).
TASK 3.0 CONSTRUCTION REVEGETATION PROGRAM
3.1 Pickleweed Revegetation Monitoring
Because of die need to conduct establishment monitoring of die new planting effort in accordance with
construction specifications, a one-time focused review will be conducted and the success of me planting with
respect to die construction contract survival criteria will be determined.
EXHIBIT A A-6
Merkel & Associates, Inc. Decembers, 1996
3.2 Establishment Monitoring Report
A monitoring report will be prepared separately from the long-term monitoring reports and will be
completed at the end of 1997. The report will be submitted to the City/Port Project Directors) to evaluate
contractor compliance with construction specifications and to document completion of the requirements for
site construction as required by the California Coastal Commission.
TASK 4.0 REPORTING PROGRAM
4.1 Quarterly Reports
Interim quarterly reports will be prepared hi each monitoring year and submitted to the City/Port Project
Directors) in early April, July, October, and late December of each calendar monitoring year. Sections
that pertain to study methods and results will be organized by resource (i.e. vegetation, fisheries, etc.).
Statistical analyses will not be included in quarterly reports, but will be included in annual reports.
Quarterly reports will follow the outline below:
Summary Executive Summary of the information included in the report, emphasizing
important data
Section 1.0 Introduction (1.1 - Project Background, 1.2 - Regulatory Requirements, 1.3 -
Purpose and Goals of Quarter)
Section 2.0 Study Methods (2.1- Surveys and Work Conducted, 2.2 - Survey Schedule, 2.3 -
Study Methods, 2.4 - Limitations or Complications Encountered)
Section 3.0 Results and Analyses (3.1 - Results of Investigations, 3.2 - Analyses Conducted,
3.3 - Analyses Deferred Until Annual Reports (temporal or multi-period))
Section 4.0 Conclusions and Recommendations (4.1 - Preliminary Conclusions, 4.2 -
Success/Milestone Evaluations, 4.3 - Recommendations)
Section 5.0 Status of Monitoring Program (5.1 - Compliance with Schedules and Survey
Requirements, 5.2 - Deviations from Study or Analysis Program, 5.3 - Upcoming
Scheduled Monitoring, Reporting, and Meeting Events)
Section 6.0 Raw Data Appendices
4.2 Annual Reports
4.2.1 Draft Report Preparation
An annual report will be prepared at the conclusion of each monitoring year. This report will serve as a
stand-alone document and will provide details on survey methods, results, analyses and tests conducted,
conclusions, and recommendations made during the course of the monitoring year. A total of seven review
copies of this draft report will be submitted to the City/Port for review and comment.
4.2.2 Final Annual Reports
The final annual report will be prepared following receipt of comments from the Project Directors). The
executive summary for each annual report will provide a comprehensive summary of study methods and
results, as well as progress of the program and recommendations made during the year; this summary will
serve as a stand alone document. Twenty-five copies of the final annual report for each monitoring year
will be submitted to die Project Director(s) along with a camera-ready, unbound original and digital files
in WordPerfect or MS Word and Excel file formats. GIS digital data files will be provided on high density
tapes or other suitable media.
EXHIBIT A A-7
Merkel & Associates, Inc. December 3, 1996
TASK 5.0 MEETINGS AND PROJECT COORDINATION
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 As-requested Meetings
5.2.1 Public Meetings
M&A will provide the necessary exhibits, administrative support, and technical staff to assist in such
meetings. It has been assumed for the purposes of project budgeting uiat one public meeting per monitoring
year (1, 2, 3, 5, and 10) will be held and that it will follow the annual interagency meeting.
5.2.2 As-Needed Meetings or Services
This task establishes a floating meeting and services account to be drawn upon as-needed by written
authorization of the City/Port Project Director®. This task is not a specifically scheduled task and will be
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 held with resource agencies,
the Port, and City to discuss the attributes of the valuation model and how data "are input managed and
evaluated by the BETTER model. During the third quarter of the second year of the present study, and
working in conceit with the City/Port Project Directors) and resource agencies, data sets will be selected
for comparison and comparable data sets will be assembled from the existing information and the present
study.
6.2 Data Compilation and Formatting
From the selected data sets, information will be appropriately organized for input into the BETTER model
using Excel and Paradox software.
6.3 Data Analyses and Model Runs
The BETTER model will be run to make me comparisons of habitat values for Los Angeles Outer Harbor,
pre-enhancement Batiquitos Lagoon, and the 3-year post-enhancement conditions. In years 5 and 10, the
model will be augmented with new data to examine changes in values with increased establishment time.
6.4 Report Preparation and Presentation
Information from the habitat valuation program will be prepared and provided in a separate report from the
long-term monitoring program. This report will be prepared hi draft and final versions and will be
internally reviewed for clarity, technical accuracy, and presentation quality prior to being released. A total
of seven review copies of the draft report will be submitted to die City/Port for review and comment.
Twenty-five copies of the final annual report for each monitoring year will be submitted to the Project
Director(s).
EXHIBIT A A-8
SCHEDULE FOR BATIQUITOS LAGOON LONG-TERM MONITORING PROGRAM
YEAR
Duration of Task
Task
I.I Vegetation
1.2 Fisheries Studies
1.3 Quntluc Investigations
1.4.1 Avian Surveys and Habitat Use
1.4.2 Bcldine's Savannah Sparrow Surveys
1.5 Water Quality/Sediment Investigations
1.6 G1S Spatial Data Management/Aerial Imagery
2.1 Eclgrass Restoration
2.2 Cordgrass Restoration
I Picklcwced Rcvcgctaiion Monitoring
3.2 Establishment Monitoring Report
4.0 Report Program
4.1 Quarterly Reports/Payment Schedule
4.2 Annual Reports
5.1 Annual Inlcragency Meeting
o. I Program Refinement and Calibration
62 Data Compilation and Formatting
6.3 Data Analyses and Model Runs
6.4 Report Preparaliun and Presentation
1997 (1)
JFMAMJIASOND
I I
1998 (2)
JFMAMJJASOND
1999 (3)
JFMAMJJASOND
2006 (10) 07
I FMAMl 1ASONDJ F
EXHIBIT A A-9
COPY
Yr I by Qir
COST PROPOSAL SUMMARY SHEET LONG-TERM BIOLOGICAL MONITORING AND
PILOT REVEGETATION PROGRAM FOR THE WATIQU1TOS LAGOON ENHANCEMENT PROJECT
YEAR 1 1997
Task
1.1
1.2
1.3
1.4
1.5
1.6
2.1
2.2
3.0
4.1
4.2
5.1
5,2
6.0
7.0
Task Name
Vegetation
Fisheries
Benthos
Birds
Water Quality/Sediment
CIS Spatial Data Management/
Aerial Imagery
Eelgrass Restoration
Cordgrass Restoration
Construction RevegelalUm Program
Quarterly Reports
Annual Report
Annual Inleragency Meeting
As-Requested Meetings
1 lahiiat Valuation Assessment
Sub Consultant Administration
Annual Report Hold Back (10%)
TOTAL
Total
Budget
$29.029.65
$137.045.40
$28.521.50
$46.046.62
$13,242.80
$59,745.00
-
$7,499.70
$27,514.40
$32,070.16
$9,283.20
$22,196.32
-
$9,330.86
$421,525.61
Start Up
Cost
$1,245.19
$9,656.10
$3,637.88
$5,027.17
$1,923.20
$10,352.50
-
$0.00
$0.00
$0.00
$0.00
-
-
$583.18
$32,425.21
Quarter 1
$3,735.56
$28,968.30
$10,913.63
$15,081.50
$5,769.60
$31,057.50
-
$0.00
$0.00
$0.00
$0.00
-
-
$1.749.54
$97,275.62
1997
Quarter 2
$24,048.90
$32,807.00
$0.00
$9,068.80
$1,850.00
$0.00
-
$0.00
$6,878.60
$0.00
$0.00
-
-
$2.332.72
$76.986.02
Quarter 3
$0.00
$32,807.00
$13,970.00
$8,434.58
$1,850.00
$0.00
-
$0.00
$6,878.60
$0.00
$0.00
-
-
$2,332.72
$66.272.90
Quarter 4
$0.00
$32.807.00
$0.00
$8.434.58
$1.850.00
$18.335.00
-
$7,499.70
$13.757.20
$32,070.16
$9,283.20
-
-
$2,332.72
($42.152.56)
$84.216.99
Non Scheduled
Actions
$22.196.32
$42.152.56
$64,348.88
Total
Spent
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
-
$0.00
$0.00
$0.00
$0.00
$0.00
-
$0.00
$0.00
Balance
$29.029.65
$137.045.40
$28.521.50
$46.046.62
$13.242.80
$59.745.00
-
$7,499.70
$27,514.40
$32,070.16
$9,283.20
$22,196.32
-
$9.330.86
$421,525.61
Complete
0.0
0.0
0.0
0.0
0.0
0.0
-
0.0
0.0
0.0
0.0
0.0
•
0.0
0.0
EXHIBIT B B-l
Yr 2 by Qtr
COST PROPOSAL SUMMARY SHEET LONG-TERM BIOLOGICAL MONITORING AND
PILOT REVEGETATION PROGRAM FOR THE BATIQUITOS LAGOON ENHANCEMENT PROJECT
YEAR 2 1998
Task
1.1
1.2
1.3
1.4
1.5
1.6
2.1
2.2
3.0
4.1
4.2
5.1
5.2
6.0
7.0
Task Name
Vegetation
Fisheries
Benthos
Birds
Water Quality/Sediment
Q1S Spatial Data Management/
Aerial Imagery
Eelgrass Restoration
Cordgrass Restoration
Construction Revegetation Program
Quarterly Reports
Annual Report
Annual Inieragency Meeting
As-Requested Meetings
Miibitat Valuation Assessment
Sub Consultant Administration
Annual Report Hold Back (10%)
TOTAL
Total
Budget
$13.722.91
$66,184.83
$26,886.88
$39,737.03
$12,418.04
$32.727.11
$35.837.19
$24,341.06
-
$24,612.02
$20,329.13
$5,954.88
$13,587.74
-
$6,818.91
$323,157.74
Quarter 1
$0.00
$16,546.21
$13,443.44
$16,322.71
$3,104.51
$0.00
$1.807.17
$21,173.92
-
$0.00
$15,094.04
$0.00
-
-
$1,704.73
$89.196.73
1998
Quarter 2
$13,722.91
$16,546.21
$0.00
$7,091.61
$3,104.51
$0.00
$29,500.87
$2,709.73
-
$6,153.00
$0.00
$0.00
-
-
$1,704.73
$80,533.57
Quarter 3
$0.00
$16.546.21
$13,443.44
$8,161.36
$3,104.51
$0.00
$2,264.58
$228.70
-
$6,153.00
$0.00
$0.00
-
-
$1,704.73
$51,606.53
Quarter 4
$0.00
$16,546.21
$0.00
$8,161.36
$3,104.51
$32,727.11
$2,264.58
$228.70
-
$12,306.01
$5,235.09
$5,954.88
-
-
$1,704.73
($32,315.77)
$55,917.40
Non Scheduled
Actions
$13,587.74
$32.315.77
$45,903.51
Total
Spent
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
-
$0.00
$0.00
$0.00
$0.00
-
$0.00
$0.00
Balance
$13.722.91
$66,184.83
$26.886.88
$39.737.03
$12,418.04
$32.727.11
$35,837.19
$24,341.06
-
$24.612.02
$20.329.13
$5,954.88
$13,587.74
-
$6,818.91
$323.157.74
%
Complete
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
-
0.0
0.0
0.0
0.0
-
0.0
0.0
EXHIBIT B B-2
Yr 3 by Qtr
COST PROPOSAL SUMMARY SHEET LONG-TERM BIOLOGICAL MONITORING AND
PILOT REVEGETATION PROGRAM FOR THE BATIQUITOS LAGOON ENHANCEMENT PROJECT
YEAR 3 1999
Task
1.1
1.2
1.3
1.4
1.5
1.6
2.1
2.2
3.0
4.1
4.2
5.1
5.2
6.0
7.0
Task Name
Vegetation
Fisheries
Bemhos
Birds
Water Quality/Sediment
CIS Spatial Data Management/
Aerial Imagery
Eelgrass Restoration
Cordgrass Restoration
Construction Revegetation Program
Quarterly Reports
Annual Report
Annual Interagency Meeting
As-Requested Meetings
Habitat Valuation Assessment
\
Sub Consultant Administration
Annual Report Hold Back (10%)
TOTAL
Total
Budget
$14.041.89
$66,951.43
$18.533.53
$40,458.37
$16,018.22
$33,729.43
$1.302.13
$1.023.13
-
$25.011.42
$20.729.55
$7.112.71
$15,198.61
$34,744.22
$8.122.59
$302,977.23
1999
Quarter 1
$0.00
$16,737.86
$9.266.77
$16.609.26
$4,004.56
$0.00
$0.00
$0.00
-
$0.00
$13,819.70
$0.00
-
$14.429.45
$2.030.65
$76,898.23
Quarter 2
$14,041.89
$16.737.86
$0.00
$7.239.86
$4.004.56
$0.00
$1,302.13
$1.023.13
-
$6,252.86
$0.00
$0.00
-
$10.157.38
$2.030.65
$62,790.30
Quarter 3
$0.00
$16.737.86
$9.266.77
$8,304.63
$4,004.56
$0.00
$0.00
$0.00
-
$6,252.86
$0.00
$0.00
-
$5,409.81
$2,030.65
$52.007.12
Quarter 4
$0.00
$16.737.86
$0.00
$8.304.63
$4.004.56
$33,729.43
$0.00
$0.00
-
$12,505.71
$6,909.85
$7,112.71
-
$4.747.57
$2,030.65
($30,297.72)
(^65,785.2?)
Noil Scheduled
Actions
$15,198.61
$30,297.72
$45,496.33
.f Total
Spent
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
-
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Balance
$14,041.89
$66,951.43
$18,533.53
$40,458.37
$16.018.22
$33.729.43
$1.302.13
$1.023.13
-
$25.011.42
$20,729.55
$7.112.71
$15,198.61
$34.744.22
$8.122.59
$302,977.23
%
Complete
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
-
0.0
0.0
0.0
0.0
0.0
0.0
0.0
EXHIBIT B-3
Yr 5 by Qtr
COST PROPOSAL SUMMARY SHEET LONG-TERM BIOLOGICAL MONITORING AND
PILOT REVEGETATION PROGRAM FOR THE BATIQUITOS LAGOON ENHANCEMENT PROJECT
YEAR 5 2001
Task
1.1
1.2
1.3
1.4
1.5
1.6
2.1
2.2
3.0
4.1
4.2
5.1
5.2
6.0
7.0
Task Name
Vegetation
Fisheries
Benthos
Birds
Wuiur Quality/Sudiinuni
CIS Spatial Data Management/
Aerial Imagery
Eulgrass Restoration
Cordgrass Restoration
Construction Revegetation Program
Quarterly Reports
Annual Report
Annual Inicragency Meeting
As-Requested Meetings
Habitat Valuation Assessment
Sub Consultant Administration
Annual Report Hold Back
TOTAL
Total
Budget
$14,620.22
$67.113.10
$27.212.55
$42.039.26
$12,841.04
$33.516.62
$1,361.12
$1,062.77
-
$26,623.75
$21,569.40
$8,530.91
$15.060.42
$21.164.31
$5,505.01
$298,220.48
Quarter 1
$0.00
$16.778.27
$13,606.28
$17,245.92
$3,210.26
$0.00
$0.00
$0.00
-
$0.00
$0.00
$0.00
-
$0.00
$1.376.25
$52.216.98
2001
Quarter 2
$14,620.22
$16.778.27
$0.00
$7,547.42
$3,210.26
$0.00
$1,361.12
$1,062.77
-
$6,655.94
$0.00
$0.00
-
$0.00
$1,376.25
$52,612.25
Quarter 3
$0.00
$16,778.27
$13.606.28
$8.622.96
$3,210.26
$0.00
$0.00
$0.00
-
$6,655.94
$0.00
$0.00
-
$0.00
$1.376.25
$50.249.96
Quarter 4
$0.00
$16,778,27
$0.00
$8.622.96
$3.210.26
$33,516.62
$0.00
$0.00
-
$13,311.88
$21.569.40
$8,530.91
-
$21,164.31
$1,376.25
($29,822.05)
$98,258.81
Non Scheduled
Actions
$15.060.42
$29.822.05
$44,882.47
Total
Spent
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
-
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Balance
$14.620.22
$67.113.10
$27.212.55
$42,039.26
$12.841.04
$33,516.62
$1,361.12
$1.062.77
-
$26.623.75
$21,569.40
$8,530.91
$15,060.42
$21,164.31
$5,505.01
$298,220.48
%
Complete
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
-
0.0
0.0
0.0
0.0
0.0
0.0
0.0
EXHIBIT B B-4
Yr 10 by Qir
COST PROPOSAL SUMMARY SHEET LONG-TERM BIOLOGICAL MONITORING AND
PILOT REVEGETATION PROGRAM FOR THE BATIQUITOS LAGOON ENHANCEMENT PROJECT
YEAR 10 2006
Task
1.1
1.2
1.3
I.-1
1.5
1.6
2-1
2.2
3.0
4.1
4.2
5.1
5.2
6.0
7.0
Task Name
Vegetation
Fisheries
Benthos
Birds
Water Quality/Sediment
CIS Spatial Data Management/
Aerial Imagery
Eelgrass Restoration
Cordgrass Restoration
Construction Revegetation Program
Quarterly Reports
Annual Report
Annual Interagency Meeting
As-Requested Meetings
Habitat Valuation Assessment
Sub Consultant Administration
Annual Report Hold Back
TOTAL
Total
Budget
$13.860.83
$73,948.07
$29.192.75
$46.206.68
$13,607.37
$39,318.66
$2,743.68
$1,169.39
•
$29.252.39
$30,562.11
$11,839.58
$24,231.76
$25,477.15
$6,876.10
$348,286.53
Quarter 1
$0.00
$18,487.02
$14,596.38
$18,884.55
$3,401.84
$0.00
$0.00
$0.00
-
$0.00
$0.00
$0.00
-
$0.00
$1,719.03
$57,088.82
2006
Quarter 2
$13,860.83
$18,487.02
$0.00
$8,437.58
$3,401.84
$0.00
$2,743.68
$1.169.39
-
$7,313.10
$0.00
$0.00
-
$0.00
$1,719.03
$57,132.46
Quarter 3
$0.00
$18,487.02
$14,596.38
$9,442.28
$3,401.84
$0.00
$0.00
$0.00
-
$7,313.10
$0.00
$0.00
.
$0.00
$1,719.03
$54,959.64
Quarter 4
$0.00
$18,487.02
$0.00
$9,442.28
$3,401.84
$39,318.66
$0.00
$0.00
-
$14,626.19
$30,562.11
$11.839.58
-
$25,477.15
$1,719.03
($34,828.65)
$120,045.20
Non Scheduled
Actions
$24,231.76
$34,828.65
$59.060.41
Total
Spent
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
-
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Balance
$13.860.83
$73.948.07
$29.192.75
$46.206.68
$13.607.37
$39.318.66
$2,743.68
$1,169.39
-
$29,252.39
$30.562.11
$11.839.58
$24,231.76
$25,477.15
$6,876.10
$348,286.53
%
Complete
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
-
0.0
0.0
0.0
0.0
0.0
0.0
0.0
EXHIBIT B B-5
Yr sum by Qir
COST PROPOSAL SUMMARY SHEET LONG-TERM BIOLOGICAL MONITORING AND
PILOT REVEGETATION PROGRAM FOR THE BATIQUITOS LAGOON ENHANCEMENT PROJECT
SUMMARY
Total
Budget
$421,525.61
$323,157.74
$302,977.23
$298,220.48
$348,286.53
TOTAL $1,694,167.58
Start Up
Cost
$32.425.21
-
-
-
-
$32,425.21
(Yr. 1 only)
Quarter 1
$97.275.62
$89.196.73
$76.898.23
$52.216.98
$57.088.82
$372,676.39
Quarter 2
$76,986.02
$80,533.57
$62,790.30
$52,612.25
$57.132.46
$330,054.60
Quarter 3
$66.272.90
$51.606.53
$52,007.12
$50,249.96
$54.959.64
$275,096.14
Quarter 4
$84,216.99
$55,917.40
$65,785.24
$98,258.81
$120,045.20
$424,223.65
Ai
Non Scheduled
Actions
$64.348.88
$45.903.51
$45,496.33
$44,882.47
$59,060.41
$259,691.60
(includes 10%)
uuial Report Hold B
Total
Spent
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
ack
Balance
$421,525.61
$323.157.74
$302,977.23
$298.220.48
$348,286.53
$1,694,167.58
%
Complete
0.0
0.0
0.0
0.0
0.0
$0.00
EXHIBIT B B-6
EXHIBIT CRATE SHEET
LONG-TERM BIOLOGICAL MONITORING AND
PILOT REVEGETATION PROGRAM FOR THE
BATIQUTTOS LAGOON ENHANCEMENT PROJECT
Merkel&
Merkel, K.
Mayer, D.
Reiser, C.
Ince, K.
Cull, K.
Hamilton, P.
Hanson, H.
Beard, H.
Spiegleberg, M.
Woodfield, R.
Bio. Techician
Graphics Technician
Word Processing
Revegetation Crew
SAJC
Lunz, J.
Lissner, A.
Mullen, T.
Heilprin, D.
Vantuna
Stephens, J.
Bond, A.
Morris, P.
KTU+A
Singleton, M.
Carpenter, M.
Yr.
Associates
$
$
$
$
$
$
$
$
$
$
$
$
5
S
5
S
$
$
$
$
$
$
$
1
105.00
65.00
65.00
65.00
60.00
52.00
52.00
42.00
42.00
42.00
35.00
42.00
35.00
28.00
105.00
93.39
54.04
48.97
108.14
72.90
36.45
75.00
50.00
Yr.
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
2
107.21
66.37
66.37
66.37
61.26
53.09
53.09
42.88
42.88
42.88
35.74
42.88
35.74
28.59
107.21
97.83
56.63
51.29
111.38
75.09
37.54
76.58
51.05
Yr.
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
S
$
$
$
3
109.46
67
67
67
62
.76
.76
.76
.55
54.21
54
43
43
43
36
43
36
29
109
99
57
52
.21
.78
.78
.78
.49
.78
.49
.19
.46
.52
.58
.18
114.72
77
38
78
52
.34
.67
.18
.12
Yr.
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
5
114.10
70.63
70.63
70.63
65.20
56.51
56.51
45.64
45.64
45.64
38.03
45.64
38.03
30.43
114.10
103.39
59.83
54.20
121.71
82.05
41.02
81.50
54.33
Yr.
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
10
126.60
78.37
78.37
78.37
72.34
62.70
62.70
50.64
50.64
50.64
42.20
50.64
42.20
33.76
.
126.60
113.09
65.44
59.31
141.09
95.12
47.56
90.43
60.28
Keane Biological Consulting
Keane, K.
Baxter, R.
Campbell, K.
Hamilton, R.
Coleman, V.
Wetlands
Josselyn, M.
Whelchel, A.
$
$
$
$
S
55.00
50.00
45.00
45.00
45.00
$
$
$
$
$
56.16
51.05
45.95
45.95
45.95
$
$
$
$
$
57
52
46
46
46
.33
.12
.91
.91
.91
$
$
$
$
$
59.77
54.33
48.90
48.90
48.90
$
$
$
$
$
66.31
60.28
54.26
54.26
54.26
Research Associates
$
$
155.00
57.75
$
$
158.26
58.96
$
$
161
60
.58
.20
$
$
168.44
62.76
$
$
186.88
69.63
C-l
Exhibit 3
City of Carlsbad
Planning Department
Dr. Ralph G. Appy
Port of Los Angeles
425 S. Palos Verdes Street
P.O. Box 151
San Pedro, CA 90733-0151
Subject: Payment of Carlsbad Administrataive Services
(LAHD Agmt. No. 1419-7)
In accordance with LAHD Reimbursement Agreement No. 1419-7 between the City of
Los Angeles and the City of Carlsbad, we are submitting this invoice to cover Carlsbad
administrative services for the reporting period identified below.
Payment Calculation
Merkel & Associates Inc. (Carlsbad Agreement
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
2O75 Las Palmas Drive • Carlsbad, California 92OO9-4859 • (619) 438-1161
EXHIBIT 3
AGREEMENT FOR CONSULTING SERVICES TO COMPLETE THE FINAL REPORT
FOR THE BATIQUITOS LAGOON LONG TERM BIOLOGICAL MONITORING
PROGRAM
(Merkel & Associates)
THIS AGREEMENT is made and entered into as of the day of
^AAMt/jp 20 W. by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and Merkel & Associates, an environmental services firm
("Contractor").
RECITALS
A. City requires the professional services of a consultant that is experienced
in biological monitoring and reporting
B. Contractor has the necessary experience in providing professional
services and advice related to completion of the final report for the Batiquitos Lagoon
Long-Term Biological Monitoring Program.
C. Selection of Contractor is expected to achieve the desired results in an
expedited fashion.
D. Contractor has submitted a proposal to City and has affirmed its
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1- SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this
reference in accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional
care and skill customarily exercised by reputable members of Contractor's profession
practicing in the Metropolitan Southern California Area, and will use reasonable
diligence and best judgment while exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of 90 days from the date first
above written. The City Manager may amend the Agreement to extend it for one
additional 90 day period or parts thereof in an amount not to exceed three hundred
thirteen thousand, five hundred dollars ($313,500) for all professional services received.
Extensions will be based upon a satisfactory review of Contractor's performance, City
needs, and appropriation of funds by the City Council. The parties will prepare a written
amendment indicating the effective date and length of the extended Agreement.
City Attorney Approved Version #05.06.08
EXHIBIT B
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
will be three hundred thirteen thousand, five hundred dollars ($313,500). No other
compensation for the Services will be allowed except for items covered by subsequent
amendments to this Agreement. The City reserves the right to withhold a ten percent
(10%) retention until City has accepted the work and/or Services specified in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
6- STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent
contractor and in pursuit of Contractor's independent calling, and not as an employee of
City. Contractor will be under control of City only as to the result to be accomplished,
but will consult with City as necessary. The persons used by Contractor to provide
services under this Agreement will not be considered employees of City for any
purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. City will not make any federal or
state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. City will not be required to pay any workers' compensation insurance or
unemployment contributions on behalf of Contractor or its employees or subcontractors.
Contractor agrees to indemnify City within thirty (30) days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers'
compensation payment which City may be required to make on behalf of Contractor or
any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any
balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval
of City. If Contractor subcontracts any of the Services, Contractor will be fully
responsible to City for the acts and omissions of Contractor's subcontractor and of the
persons either directly or indirectly employed by the subcontractor, as Contractor is for
the acts and omissions of persons directly employed by Contractor. Nothing contained
in this Agreement will create any contractual relationship between any subcontractor of
Contractor and City. Contractor will be responsible for payment of subcontractors.
Contractor will bind every subcontractor and every subcontractor of a subcontractor by
the terms of this Agreement applicable to Contractor's work unless specifically noted to
the contrary in the subcontract and approved in writing by City.
City Attorney Approved Version #05.06.08
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials,
employees and volunteers from and against all claims, damages, losses and expenses
including attorneys fees arising out of the performance of the work described herein
caused by any negligence, recklessness, or willful misconduct of the Contractor, any
subcontractor, anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City
incurs or makes to or on behalf of an injured employee under the City's self-
administered workers' compensation is included as a loss, expense or cost for the
purposes of this section, and that this section will survive the expiration or early
termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property
which may arise out of or in connection with performance of the services by Contractor
or Contractor's agents, representatives, employees or subcontractors. The insurance
will be obtained from an insurance carrier admitted and authorized to do business in the
State of California. The insurance carrier is required to have a current Best's Key Rating
of not less than "A-:VII". OR with a surplus line insurer on the State of California's List of
Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide
of at least "A:X".
10.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless City Attorney or City Manager approves a lower amount. These minimum
amounts of coverage will not constitute any limitations or cap on Contractor's
indemnification obligations under this Agreement. City, its officers, agents and
employees make no representation that the limits of the insurance specified to be
carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If
Contractor believes that any required insurance coverage is inadequate, Contractor will
obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial General Liability Insurance. $1.000.000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits will apply
separately to the work under this Agreement or the general aggregate will be twice the
required per occurrence limit.
City Attorney Approved Version #05.06.08
10.1.2 Automobile Liability (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
10.1.3 Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the California Labor Code. Workers' Compensation
will not be required if Contractor has no employees and provides, to City's satisfaction, a
declaration stating this.
10.1.4 Professional Liability. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must
be maintained for a period of five years following the date of completion of the work.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions:
10.2.1 The City will be named as an additional insured on General
Liability.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and
any extensions of it and will not be canceled without thirty (30) days prior written notice
to City sent by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution
of this Agreement, Contractor will furnish certificates of insurance and endorsements to
City.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these
insurance coverages, then City will have the option to declare Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order to maintain the required coverages. Contractor is responsible for any
payments made by City to obtain or maintain insurance and City may collect these
payments from Contractor or deduct the amount paid from any sums due Contractor
under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime,
complete and certified copies of any or all required insurance policies and
endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of
the Agreement, as may be amended from time-to-time.
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4
II
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred
under this Agreement. All records will be clearly identifiable. Contractor will allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of records and any other documents created pursuant to this
Agreement. Contractor will allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors
pursuant to this Agreement is the property of City. In the event this Agreement is
terminated, all work product produced by Contractor or its agents, employees and
subcontractors pursuant to this Agreement will be delivered at once to City. Contractor
will have the right to make one (1) copy of the work product for Contractor's records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City
and Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of City and on behalf of Contractor under this Agreement.
For City:
Name Michele Masterson
Title Senior Management Analyst
Department Planning
City of Carlsbad
Address 1635 Faraday Ave.
Carlsbad. CA 92008
Phone No. 760-602-4615
For Contractor:
Merkel & AssociatesName
Title Principal Consultant
Address 5434 Ruffin Rd.
San Diego. CA 92123
Phone No. 858-560-5465
Each party will notify the other immediately of any changes of address that would
require any notice or delivery to be directed to another address.
16. CONFLICT OF INTEREST
City will evaluate Contractor's duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and City's Conflict of Interest Code is required
of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be
determined that disclosure is required, Contractor or Contractor's affected employees,
City Attorney Approved Version #05.06.08
agents, or subcontractors will complete and file with the City Clerk those schedules
specified by City and contained in the Statement of Economic Interests Form 700.
Contractor, for Contractor and on behalf of Contractor's agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor's agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the City an affidavit disclosing this interest.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way
affect the performance of the Services by Contractor. Contractor will at all times observe
and comply with these laws, ordinances, and regulations and will be responsible for the
compliance of Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act
of 1986 and will comply with those requirements, including, but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors and consultants
that the services required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not otherwise
settled by agreement between the parties. Representatives of Contractor or City will
reduce such questions, and their respective views, to writing. A copy of such
documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative
receiving the letter will reply to the letter along with a recommended method of
resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City
Manager. The City Manager will consider the facts and solutions recommended by each
party and may then opt to direct a solution to the problem. In such cases, the action of
the City Manager will be binding upon the parties involved, although nothing in this
procedure will prohibit the parties from seeking remedies available to them at law.
City Attorney Approved Version #05.06.08
.11
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services,
City may terminate this Agreement for nonperformance by notifying Contractor by
certified mail of the termination. If City decides to abandon or indefinitely postpone the
work or services contemplated by this Agreement, City may terminate this Agreement
upon written notice to Contractor. Upon notification of termination, Contractor has five
(5) business days to deliver any documents owned by City and all work in progress to
City address contained in this Agreement. City will make a determination of fact based
upon the work product delivered to City and of the percentage of work that Contractor
has performed which is usable and of worth to City in having the Agreement completed.
Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may
terminate this Agreement. In this event and upon request of City, Contractor will
assemble the work product and put it in order for proper filing and closing and deliver it
to City. Contractor will be paid for work performed to the termination date; however, the
total will not exceed the lump sum fee payable under this Agreement. City will make the
final determination as to the portions of tasks completed and the compensation to be
made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicit or secure this
Agreement, and that Contractor has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift,
or any other consideration contingent upon, or resulting from, the award or making of
this Agreement. For breach or violation of this warranty, City will have the right to annul
this Agreement without liability, or, in its discretion, to deduct from the Agreement price
or consideration, or otherwise recover, the full amount of the fee, commission,
percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to
City must be asserted as part of the Agreement process as set forth in this Agreement
and not in anticipation of litigation or in conjunction with litigation. Contractor
acknowledges that if a false claim is submitted to City, it may be considered fraud and
Contractor may be subject to criminal prosecution. Contractor acknowledges that
California Government Code sections 12650 et seq.. the False Claims Act applies to
this Agreement and, provides for civil penalties where a person knowingly submits a
false claim to a public entity. These provisions include false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges
that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor
on any public work or improvement for a period of up to five (5) years. Contractor
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acknowledges debarment by another jurisdiction is grounds for City to terminate this
Agreement.
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of
enforcing a right or rights provided for by this Agreement will be tried in a court of
competent jurisdiction in the County of San Diego, State of California, and the parties
waive all provisions of law providing for a change of venue in these proceedings to any
other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement or any part of it nor
any monies due or to become due under it may be assigned by Contractor without the
prior consent of City, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated
by it, along with the purchase order for this Agreement and its provisions, embody the
entire Agreement and understanding between the parties relating to the subject matter
of it. In case of conflict, the terms of the Agreement supersede the purchase order.
Neither this Agreement nor any of its provisions may be amended, modified, waived or
discharged except in a writing signed by both parties.
City Attorney Approved Version #05.06.08
8
26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf
of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR CITY OF CARLSBAD, a municipal
corporation of the Stae of California
M. WOOD A*"""!"
(e-mail address) *^
If required by City, proper notarial acknowledgment of execution BV' oontr&ctor
must be attached. If a Corporation. Agreement must be signed by one corporate
officer from each of the following two groups.
*Group A.
Chairman,
President, or
Vice-President
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering the officer(s) signing to bind the
corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:.
City Attorney Approved Version #05.06.08
EXHIBIT "A"
SCOPE OF SERVICES
See attached Scope of Work from Merkel & Associates, dated April 26, 2009.
City Attorney Approved Version #05.06.08
10
Merkel & Associates, Inc.
5434 Ruffin Road, San Diego, CA 92123
Tel: 858/560-5465 • Fax: 858/560-7779
e-mail: associates@merkelinc.com
April 26, 2009
M&A #96-057-01
Mike Grim
City of Carlsbad
163 5 Faraday Ave
Carlsbad, CA 92008
RE: Batiquitos Lagoon Long-Term Biological Monitoring and Reporting
Dear Mike:
In response to your recent email requests, we have prepared the following scope of work and corresponding
cost for the Year 10 monitoring, preparation of an administrative draft and final project report, and
preparation for and presentation at the final interagency meeting for the Batiquitos Lagoon Long-Term
Biological Monitoring Project. The reporting for Year 10 has been delayed for purposes of incorporation
of physical monitoring results funded separately by the City of Carlsbad through the agricultural
conversion mitigation funds. This physical monitoring information has substantively increased the
interpretive capacity of the analysis of biological change within the lagoon.
SCOPE OF WORK
Task A: Year 10 Monitoring
Under this task, M&A staff would complete the Year 10 monitoring for the project, including transect
vegetation monitoring, fisheries studies, benthic investigations, avian surveys, water quality/sediment
investigations, and GIS spatial data management/aerial imagery, and eelgrass and cordgrass transplant
monitoring.
Task B: Administrative Draft Final Report
A final annual report will be prepared at the conclusion of the year 10 monitoring. This report will serve as
a stand-alone document and will provide details on survey methods, results, analyses and tests conducted,
conclusions, and recommendations made during the course of the monitoring year. A total of eight review
copies of this administrative draft report will be submitted to the City/Port/Resources Agencies for review
and comment.
TaskC: Final Report
The final annual report will be prepared following receipt of comments from the project directors. The
executive summary for the annual report will provide a comprehensive summary of study methods and
results, as well as progress of the program and recommendations made during the year; this summary will
serve as a stand alone document. Eight copies of the final annual report will be submitted to the project
directors, along with a camera-ready, unbound original and digital files in PDF file formats.
TaskD: Final Interagency Meeting
Following completion of the Year 10 Monitoring and coincident with preparation of the Final Annual
Report, M&A will conduct an interagency meeting to discuss monitoring results.
COSTS
The cost to perform the scope of work described above is to be billed on a fixed fee basis for an amount of
$313,500. This cost proposal is valid for 60 days. Any additional work would be billed on a time and
materials basis.
If you have questions regarding this proposal or you need additional information, please do not hesitate to
call me at (858) 560-5465 or kmerkel@merkelinc.com.
Sincerely,
Keith Merkel
Principal Consultant