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HomeMy WebLinkAboutMerkel & Associates Inc; 1996-12-26;I . ” . J , VC -- ~~/w3I-T 3 ‘r AGREEMENT TO CONDUCT LONG TERM BIOLOLOGICAL MONITORING OF BATIQUITOS LAGOON THIS AGREEMENT, made and entered into as of the 26th day of DECEMBER , 1996, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”i 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. CONSULTANT’S 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 1 C. D. E F. G with the long term monitoring plan and which are specified in Exhibit A “Scope of Work.” 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. Provide all personal transportation and equipment during the course of this agreement. 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. 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. Cooperate fully with any consultants retained by City or Board during contact term or after termination in regard to any aspect of contract work. 2. 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. 4 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 328.172 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. CA 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 5 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 6 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 7 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 i 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 4s grounds for the City of Carlsbad to disqualify the consultant from the selection process. (Initial) 8 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 9 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 wiilful 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 11 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. 12 . < - , 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, admrnistrators, 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 13 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-:V” and shall meet with City’s policy for insurance as stated in Resolution No. 91-403 and the insurance requirements of the Port. A. Coveraaes and Limits. Consultant shall maintain the types of coverages and minimum limits indicated herein: 1. Comprehensive General Liability Insurance. One Million ($1’000,000) p er 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 ,OOO,OOO 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 ,OOO,OOO 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 ,OOO,OOO 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 b0 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: Name: Address: For Consultant: Title. -- Name: Address: Asst. Director of Planning Mr. Gary Wayne 2075 Las Palmas Drive Carlsbad, CA 92009-4859 Project Mgr./Prin. Consultant Mr. Keith Merkel 3944 Murphy Canyon Rd, Suite C-106 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. .6 28. BUSINESS LICENSE Consultant shall obtain and maintain City of Carlsbad and City of Los Angeles Business Licenses 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 3 v&4 Executed by Consultant this day of /%.cenrhus , 19 96 . CONSULTANT, Merkel & Associates, CITY OF CARLSBAD, a municipal Inc. corporatio>of the State of Cali A nia By: -#md By: BARBARA L. MERKEL President ATTEST: By: KEITH W. MERKEL By: kth- It 7$&h&~, ALETHA L. RAUTENKR~P~VZ Vice President/Secretary City Clerk APPROVED AS TO FORM: RONALD R. BALL City Attorney State of Countyof 5f+P, 0\- 0 On %re+-,?9ec3: \qS b beforeme,Aenr\‘\!&r \(. CR&,~\~&~VY f&\\,, Date Name and Title of Officer (e.g., “Jane I&, Notary Public”) personally appeared~cz~~~-~.~Md!~~\ ~,IA &,%,b,Merk-cr\ - , Name(s) of Signer(s) personally known to me - DR- n pr? evidenceto be the person(s) whose name(s)a’are subscribed to the within instrument and acknowledged to me that&e&r&/they executed the same in w/their authorized capacity(ies), and that by his&r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. J \ Sigdaturs of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: c>o ~%PwL~M r 3 , j 9 9 I Number of Pages. -\S*&. Signer(s) Other Than Named Above: C ,\q M rk~ner~ r ].M~v eg + @ \&e L t RA~k~kQx/JZ Capacity(ies) Claimed by Signer(s) Signer’s Name: s rbec& C ‘ P@le fke 1 Cl Individual XCorporate Title(s): s ,ch&- 0 Partner - 0 Limited q General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Signer’s Name: x&% WI w< r\La\ Cl Individual KCorporate Officer Title(s): 4 rc_ez fr7e.s 54tt x--e&ii 0 Partner - 0 Limited 0 General 7 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator Cl Other: Signer Is Representing: o&e-\ * l A-@ L----l ssoc3 0 1994 National Notary Association * 6236 Remmet Ave., P.O. Box 7184. Canoga Park, CA91309-7184 Prod. No. 5907 Reorder: Call Toll-Free l-800-876-6827 <;, .i Merkel & Associates, Inc. December 3, 1996 BATIQUITOS LAGOON LONG-TERM BIOLOGICAL MONITORING AND PILOT VEGETATION PROGRAM SCOPE OF WORK TASK 1.0 LONG TERM BIOLOGICAL MOMTORING PROGRAM 1.1 Vegetation Wide-scale Vegetation Assessment 1.1.1 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 Verijfcation 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 truthing 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 incIude 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 the 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 bS , . . Merkel & Associates, Inc. December 3, 1996 l 0 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 both graphic and tabular layouts. Data will be evaluated based on standard reporting and lo-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 predredging 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 Infauna 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 through a 1 .Omm 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 the same areas examined for infauna. For this work, a lm2 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 &J G . , Merkel & Associates, Inc. December 3, I996 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 in the laboratory. Data Analyses and Reponing Both infatmal and epibenthic data will be analyzed using parametric and non-parametric statistics to evaluate spatial and temporal trends. Sediment grain size and TOC will be examined as correlates to community composition and biomass. Log transformation will be required 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 -8 Survey Techniques and Study Areas Surveys will be conducted in 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 concurrently, 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 the 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 Beldine’sSavannahm 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 other 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 u Water Oualitv 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 i$e’i . . . . Merkel & Associates, Inc. December 3, 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, middepth and bottom condition data will be collected. Sampling will be performed from shore and boat. Data will be summarized in tables and be used as independent variables in the statistical analyses as has been discussed in prior sections. Both water and sediment quality samplings will be coordinated with the CDFG monitoring program to maximize synoptic data collection and use of data. Sediment Ouality and Character 1.5 2 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 CO, (ASTM 2579, EPA 415). Gram size distribution will be completed by wet-sieve standard methods through an ASTM E-l 1 sieve stack in accordance with ASTM D-l 140 protocols. Data will be presented as grain-size distribution and percent gravel, sand, silt, and clay. 1.6 GIS Spatial Data Management/Aerial Imagery u 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. 162 L C! er MaDDin!? ata 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 Drawine/Coverage 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 to-l . . . Merkel & Associates, Inc. December 3, 1996 I .6.4 J&&al Orthotopom 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 the basis for multi-year photogrammetric products. Subsequent checking of these 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 will also be digitized. The original aerial film will be scanned at 12.5 micron in 24 bit 3 band color. Ten orthophoto 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 or&o-photo image will be processed for maximum accentuation of wetland 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 the client and other Team members to specify a common and defensible baseline. Re maining 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 with 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 with changes resulting from the previous years for comparison. A proof plot indicating probable changes will then be used in the field to verify or correct the 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. Beyond the deliverables of ArcInfo files, an effort will be included that will convert all UNIX ArcInfo coverage into DOS/Windows NT based ArcView files. These files will include legend development, theme layers, and attribute descriptions. The data use requirements will be identified by reviewing the 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 ArcInfo 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 tirst monitoring year. EXHIBIT A . * . . 1 . Merkel & Associates, Inc. December 3, 1996 TASK 2.0 PILOT VEGETATION PROGRAM 2.1 Eelgrass Restoration U Restoration Area and Donor Site Selectim 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. A total transplant of 1 .O 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 the restored tidal conditions, the planting of eelgrass would be delayed until early in the second year (March-April 1998). Transplant areas will be mapped using GIS and staked in the field with deeply set PVC pipe. GPS positions will be taken for transplant comer 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 months post planting (‘years 3, 5, and 10). This monitoring will include a review of the turion densities within the transplant plots and will also include transect-based assessments of eelgrass coverage. 2.2 Cordgrass Restoration 2.2.1 (Q ti 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, the San Diego River Channel, and San Dieguito Lagoon. 2 2 2 L 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 the second year (March-April 1998) in order to allow the system time to stabihze. 2.2.3 w,J Concurrent with the eelgrass monitoring effort, the cordgrass 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 months post-planting (years 3, 5, and 10). TASK 3.0 CONSTRUCTION REVEGETATION PROGRAM 3.1 Pickleweed Revegetation Monitoring Because of the need to conduct establishment monitoring of the new planting effort in accordance with construction specifications, a one-time focused review will be conducted and the success of the planting with respect to the construction contract survival criteria will be determined. EXHIBIT A Ai 8 . . . Merkel & Associates, Inc. December 3, 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 Director(s) 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 in each monitoring year and submitted to the City/Port Project Director(s) 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: S-arY Section 1.0 Section 2.0 Section 3.0 Section 4.0 Section 5.0 Section 6.0 Executive Summary of the information included in the report, emphasizing important data Introduction (1.1 - Project Background, 1.2 - Regulatory Requirements, 1.3 - Purpose and Goals of Quarter) Study Methods (2.1 - Surveys and Work Conducted, 2.2 - Survey Schedule, 2.3 - Study Methods, 2.4 - Limitations or Complications Encountered) Results and Analyses (3.1 - Results of Investigations, 3.2 - Analyses Conducted, 3.3 - Analyses Deferred Until Annual Reports (temporal or multi-period)) Conclusions and Recommendations (4.1 - Preliminary Conclusions, 4.2 - Success/Milestone Evaluations, 4.3 - Recommendations) Status of Monitoring Program (5.1 - Compliance with Schedules and Survey Requirements, 5.2 - Deviations from Study or Analysis Program, 5.3 - Upcoming Scheduled Monitoring, Reporting, and Meeting Events) 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 Pinal Annual ReDorts - The final annual report will be prepared following receipt of comments from the Project Director(s). 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 the Project Director(s) along with a camera-ready, unbound original and digital fiIes 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 4 -; . 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 $JJ 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 that one public meeting per monitoring year (1, 2, 3, 5, and 10) will be held and that it will follow the annual interagency meeting. U 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(s). 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 concert with the City/Port Project Director(s) 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 the 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 in 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 the 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 I 9T , / , 9 9 ooo”qqclqq’q 0 0 2 6 6 d 0 0 0 0 0 0 ????s?’ ‘~8888’8 s: s t3 a a 3 54 gggg g 2 \o m 3 2 M 0 2 I I F 6 VI ’ ? g 8 8 iz od 6 a a z ‘S??? a a s: E: 8 - 9 9 3 9 9 9 9 9 ’ 9 9 0 0 ’ 0 0 0 0 0 0 0 0 0 0 0 6 d 88888888’8888’3 $ji$$$$$.$$ GC&:$2 23 . . * I ? a 8 2 8 9 . , -. soooooooo Sdddddddci E i 9 9 0 0 0 0 0 6 d 6 6 $6 I ????%? a a a 22 5i a 8 22 5 ’ 8 a 22 -u 1 = Y %= E .c $4 E ~23~~~~~~‘8888~8 88285ii25i a a g g g g 54 d 8 a 8 22 ? k3 8 2% 8 22 . . - s’ - 9 9 0 0 G F z s; v? -!! 2 m 2 ? ? 5s 8 9 9 0 0 0 d EXHIBIT C RATE SHEET LONG-TERM BIOLOGICAL MONITORING AND PILOT REVEGETATION PROGRAM FOR THE BATIQUITOS LAGOON ENHANCEMENT PROJECT Yr. 1 Yr. 2 Yr. 3 Yr. 5 Yr. 10 Merkel & Associates Merkel, K. $ 105.00 Mayer, D. $ 65.00 Reiser, C. $ 65.00 Ince, K. $ 65.00 Cull, K. $ 60.00 Hamilton, P. $ 52.00 Hanson, H. $ 52.00 Beard, H. $ 42.00 Spiegleberg, M. $ 42.00 Woodfield, R. $ 42.00 Bio . Techician $ 35.00 Graphics Technician $ 42.00 Word Processing $ 35.00 Revegetation Crew $ 28.00 SAIC Lunz, J. $ 105.00 Lissner, A. $ 93.39 Mullen, T. $ 54.04 Heilprin, D . $ 48.97 Vantuna Stephens, J. $ 108.14 Bond, A. $ 72.90 Morris, P. $ 36.45 KTU+A Singleton, M. $ 75.00 Carpenter, M. $ 50.00 Keane Biological Consulting Keane, K. $ 55.00 Baxter, R. $ 50.00 Campbell, K. $ 45.00 Hamilton, R. $ 45.00 Coleman, V. $ 45.00 Wetlands Research Associates Josselyn, M. $ 155.00 Whelchel, A. $ 57.75 109.46 $ 67.76 $ 67.76 $ 67.76 $ 62.55 $ 54.21 $ 54.21 $ 43.78 $ 43.78 $ 43.78 $ 36.49 $ 43.78 $ 36.49 $ 29.19 $ 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 $ 114.10 $ 126.60 70.63 $ 78.37 70.63 $ 78.37 70.63 $ 78.37 65.20 $ 72.34 56.51 $ 62.70 56.51 $ 62.70 45.64 $ 50.64 45.64 $ 50.64 45.64 $ 50.64 38.03 $ 42.20 45.64 $ 50.64 38.03 $ 42.20 30.43 $ 33.76 107.21 97.83 56.63 51.29 109.46 99.52 57.58 52.18 114.10 103.39 59.83 54.20 126.60 113.09 65.44 59.31 111.38 $ 75.09 $ 37.54 $ 114.72 $ 77.34 $ 38.67 $ 121.71 $ 141.09 82.05 $ 95.12 41.02 $ 47.56 $ $ 76.58 $ 51.05 $ 78.18 $ 52.12 $ 81.50 $ 90.43 54.33 $ 60.28 56.16 51.05 45.95 45.95 45.95 57.33 52.12 46.91 46.91 46.91 59.77 54.33 48.90 48.90 48.90 66.31 60.28 54.26 54.26 54.26 $ $ 158.26 $ 58.96 $ 161.58 $ 168.44 60.20 $ 62.76 186.88 69.63 - - ‘/RITE IT - DON’T SA)’ FT!,- .-y---’ -. - .- --...Y LC_. . To File From Isabelle Paulsen Date December 31 1996 0 Reply Wanted q No Reply Necessary On this date, Kris Ryge, Planning, was sent five original agreements with the Port of Los Angeles and five original agreements with Merkel and Associates as requested. Council Meeting: December 17, 1996. Resolution No. 96-435.