HomeMy WebLinkAbout1994-03-15; City Council; 12628; APPROVE AGREEMENTS FOR BATIQUITOS LAGOON ENHANCEMENT PROJECT* +Ir
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k WY OF CARLSBAD - AWDA BILL 9 (9.
A' # * TITLE: APPROVE AGREEMENTS FOR DEPT.
MTG. 3-15- QY BATIQUITOS LAGOON ENHANCEMENT CITY 1
DEPT. CD PROJECT CITY I
RECOMMENDED ACTION:
ADOPT Resolution No.
the Batiquitos Lagoon Enhancement Project:
8Y- 8 I APPROVING the following agreements re!
1. A reimbursement agreement with the City of Los Angeles, acting
through its Board of Harbor Commissioners, for continued funding
Batiquitos project;
An agreement with Tetra Tech, Incorporated for environmental mor
and public relations services during the construction phase 1
Batiquitos project;
Amendment No. 3 to an existing City of Carlsbad agreement with R,
and Nichol, Engineers, Incorporated for construction phase engin
services;
An agreement with the United States Department of Agriculture to p
animal and plant health inspection services and animal damage c
during the construction phase of the Batiquitos project;
Appropriating project funds, subject to full and complete reimbursl
by the City of Los Angeles under the terms of agreement num
referenced above.
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ITEM EXPLANATION
Citv of Los Anaeles Reimbursement Aureement
On February 9, 1994, the City of Los Angeles, Board of Harbor Commissic
adopted its Resolution No. 141 9-4 approving a reimbursement agreement with th
of Carlsbad for continued funding for the Batiquitos Lagoon Enhancement Pr
Currently, the project is out to bid with the construction contract award schedull
late April by the City of Carlsbad. The agreement with the City of Los Angeles,
of Harbor Commissioners, includes provisions for reimbursement funding to the C
Carlsbad for all costs associated with required construction phase services incl
consulting engineering, environmental monitoring and public relations, pro
acquisition, animal damage control, and related work. Additionally, the agree
provides the ongoing reimbursement of all City of Carlsbad costs associated
management and administration of the upcoming construction phase of the prc
Staff recommends approval of this agreement.
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I * Page Two of Agenda Bill No. /a, h &&
Environmental Monitorinq and Public Relations Consultinu Aareement
The numerous project permits, approvals, and agreements with federal, state, r
and local public resource agencies affecting the project's construction
adherence to innumerable conditions, testing and inspection requiremer
environmental impact monitoring. Additionally, a project of this size, cost, con
and environmental sensitivity requires a comprehensive public and community I
component. Carlsbad staff prepared a scope of work and proposals were solici
qualified environmental and public relations firms to provide a wide range of
to the City during the construction phase of the 3 year Batiquitos projl
association with staff from the Port of Los Angeles, the detailed proposals si
by the prospective consulting firms were reviewed and the firms intervii
January. Following this selection process, the Tetra Tech, Incorporated
recommended to join the Batiquitos project team for the upcoming constructic
of the project. Tetra Tech will provide all environmental and public relations
for the project, monitor construction activities for permit compliance, and co
ongoing environmental issues among the City, Port, Resource Agencies, and thc
contractor. Staff recommends approval of the attached agreement.
Construction Phase Enuineerinu Services Consultant Aareement
On March 20, 1990, the Carlsbad City Council adopted Resolution No. 90-71 a1
an agreement with Moffatt and Nichol, Engineers, Incorporated for the final c
the Batiquitos project. Attached for the City Council's approval is Amendme
to that agreement for Moffatt and Nichol to provide ongoing engineering servicc
the construction phase of the project. As the design engineer for the project,
and Nichol will evaluate all contractor submittals, shop drawings, and
construction documents, modify dredge plans as required, observe con!
progress for general conformance with the plans and specifications, attend thc
project status meetings, assist the construction manager with resolution of en!
design issues, prepare as-built drawings, and provide related support design en!
services. Staff recommends approval of the attached amendment to this agi
United States DeDartment of Aariculture Animal Damage Control Services Aq
Project permits issued by the United States Army Corps of Engineers, in con
with the United States Fish and Wildlife Service, the California Department of
Game, and the California Coastal Commission all require animal damage contr
the construction phase to assist with the establishment of new nesting and
areas to be constructed at Batiquitos Lagoon. This element of the project is pa
important during the initial stages of creating viable nesting areas for the enc
California least tern, Western snowy plover, and Belding's Savannah sparrow
the Federai Endangered Species Act, the United States Department of Agrici
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Page Three of Agenda Bill No. 12, bg8
(USDA) provides animal damage control services to areas occupied by end
species such as those at Batiquitos Lagoon. An agreement has been prepar
USDA to provide the required animal damage control services for the
construction period. Staff recommends approval of the attached agreement.
FISCAL IMPACT
The following is the estimate of costs contained within the proposed City
Angeles reimbursement agreement for the above referenced consultant agreern
well as City of Carlsbad costs, subject to full reimbursement from the Pori
Angeles, during the 3 year construction phase of the Batiquitos project:
Environmental Monitoring and Public $1,999,752
Relations by Tetra Tech, Incorporated
Construction Phase Engineering Services $ 500,OOC
by Moffatt and Nichol, Engineers
Property Acquisition and Associated Costs $ 600,OOC
by City of Carlsbad through Special Counsel
Asaro and Keagy
Project Management and Administrative $ 400.00c
Services by City of Carlsbad
Subtotal $3,499,75>
20% Budgeted Contingency $ 699,95C
Carlsbad - Los Angeles Reimbursement $4,199,702
Agreement Total
Please note, the 3 year agreement with the United States Department of A!
(USDA) discussed above for required animal damage control services totals $
and was finalized after the City of Los Angeles, Board of Harbor Commissior
action on February 9, '1994 approving the next funding reimbursement ag
Subsequent to that action, Port staff have indicated that the USDA agreemei
budgeted within the 20% contingency listed above of which there is i
contingency funding for this agreement and will be administered as a
reimbursable project cost. This approach is acceptable to City staff.
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Page Four of Agenda Bill No. /a, b &8
Under the terms of the agreement with the City of Los Angeles, Board of
Commissioners, all project costs will be paid directly by the City of Los Ange
the exception of the following costs that will be reimbursed to Carlsbad fr
Angeles:
City of Carlsbad Project Management
and Administrative Costs $400,000
Legal Fees and Court Costs for Property
Acquisitions Currently Underway ~100,000
Los Angeles-Carlsbad Reimbursement Agreement $1 10.000
Total $6 10,000
Therefore, it is requested the City Council authorize an appropriation of $61 0,O
the General Capital Construction Fund. These funds represent project e
anticipated to be incurred by Carlsbad during the 3 year construction phasi
project which will be fully reimbursed by the Port of Los Angeles. The Por
Angeles has been reimbursing Carlsbad since 1987 all of its costs relate(
Batiquitos project in a regular and very timely manner. It is expected this prac
continue throughout the balance of the project.
Under the terms of the 1987 Memorandum of Aareement for the Enhance
Batiauitos Lauoon, Carlsbad is designated as the lead agency for the constrt
the project. Following approval of the Port of Los Angeles, Carlsbad will a\
estimated $30 - $35 million construction contract in late April. All contractor p
for the duration of the project will be paid directly by the Port of Los Angelei
EXHIBITS
I. Resolution NO. qY-81 approving agreements related to the 5
Lagoon Enhancement Project and appropriating funds subject
reimbursement from the City of Los Angeles.
USDA Agreement Finalized After the Latest
2. February 25, 1994 letter from Port of Los Angeles, Board of
Commissioner's Secretary regarding the Board's February 9, 1994 apl
the agreements.
3. City of Carlsbad - City of Los Angeles, Board of Harbor Comm
reimbursement agreement. (On file in the City Clerk's Off:
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I . Page Five of Agenda Bill No. la, (ad8
4. Tetra Tech, Incorporated agreement for environmental monitoring anc
relations services. (On file in the City Clerk's Office. )
Amendment No. 3 with Moffatt and Nichol, Engineers for constructio
engineering services. (On file in the City Clerk' s Off ice. )
United States Department of Agriculture agreement for animal damage
services. (On file in the City Clerk's Office.)
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RESOLUTION NO. 94-81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARL
CALIFORNIA, APPROVING AGREEMENTS REGARDING THE BATIO
LAGOON ENHANCEMENT PROJECT AND APPROPRIATING PROJECT F
WHEREAS, the City Council of the City of Carlsbad, California, has pre
entered into agreements with the City of Los Angeles, Board of Harbor Commis
regarding the reimbursement of City of Carlsbad costs for the ongoing des!
development of the Batiquitos Lagoon Enhancement Project; and
WHEREAS, said Board did approve on February 9, 1994 a resolution aF
certain agreements regarding reimbursement of Carlsbad costs anticipated t
during the construction phase of said project which are to be fully reimburse(
Board to Carlsbad; and
WHEREAS, said agreements have been prepared are hereby prese
approval; and
WHEREAS, by this action the City Council hereby finds it necessary, c
and in the public interest to proceed with said agreements.
NOW, THEREFORE, BE IT RESOLVED as follows:
1.
2.
That the above recitations are true and correct.
That a reimbursement agreement with the City of Los Angeles,
Harbor Commissioners regarding the Batiquitos Lagoon Enhancement Project
approved and the Mayor and City Clerk are hereby authorized and directed ti
said agreement. Following the execution of said agreement, the City Clerk
authorized and directed to forward one (1) copy of this Resolution and four
copies of said agreement to the Port of Los Angeles, attention Pete
Commission Secretary, 425 South Palos Verdes Street, P. 0. Box 151 , !
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California, 90733, and one (1) Xerox copy of the Resolution and agreemen
Community Development Department.
3. That a consulting agreement with Tetra Tech, Incorporated is
approved and the Mayor and City Clerk are hereby authorized and directed to
said agreement. Following execution of said agreement, the City Clerk is
authorized and directed to forward copies of said agreement to the Port of Los
attention Lisa Sales, at the address referenced above, and to Tetra Tech, lncoi
attention Betty Dehoney, 6405 Mira Mesa Boulevard, San Diego, California
and to the Community Development Department.
4. That an amendment to an existing agreement with Moffatt an
Engineers is hereby approved and the Mayor and City Clerk are hereby autho
directed to execute said amendment. Following the execution of said amendr
City Clerk is further authorized and directed to send copies of said amendmc
Port of Los Angeles, attention Lisa Sales, at the address referenced abov
Moffatt and Nichol, Engineers, attention James Walker, 250 West Wardlo
Long Beach, California, 90807, and to the Community Development Depart
That an agreement with the United States Department of Agri
hereby approved and the Mayor and City Clerk are hereby authorized and d
execute said agreement. Following the execution of said agreement, the Cil
further authorized and directed to send copies of said agreement to the P
Angeles, attention Lisa Sales at the address referenced above, and to the Uni
Department of Agriculture, Attention David Moreno, 1829 Arnold Way, r
Alpine, California, 91 901 , and to the Community Development Departmenl
5.
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6. That the City Council does hereby approve an appropriation of $610,000
from the General Capital Construction Fund into the Batiquitos project account No.
300-820-1890-3429 for project management and administrative services by the City
of Carlsbad during the construction phase of said project subject to full reimbursement
from the Port of Los Angeles in accordance with the above referenced agreement.
PASSED, APPROVED, AND ADOPTED at a regular meeting of Carlsbad City
Council held on the 15th day of MARCH , 1994, by the
following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard
NOES: None
ABSENT: Council
ATTEST:
lll-&did’&
Aletha L. Rautenkranz, City Clerk
(SEAL)
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WORLDPOEn
Richard J Riordan, Mayor, City of 1
Board of Harbor Commissioners
Frank M Sanchez, Ph D , Presider Lee M Anderson, Vice President
Steven L Soboroff
Carol L Rowen
Peter Mandia. Secretary
Ezunial Burts
Executive Director
February 25, 1994 Gertrude Schwa b
Mr. John Cahill City of Carl sbad 2075 Las Palmas Drive Carlsbad, CA 92009
SUBJECT: AGREEMENT NO. 1419-4 BETWEEN THE CITY OF LOS ANGELES AND THE CITY OF CARLSBAD
At the meeting held on Wednesday, February 9, 1994, the Los Angeles Board 01 Harbor Commissioners resolved that Agreement No. 1419-4 between the City of Lo:
Angeles and The City of Carlsbad be approved for environmental monitoring, desigr
support and property acquisition for the Batiquitos Lagoon Enhancement Project.
Enclosed are (5) five copies of Agreement No. 1419-4, please execute and returr
(4) four executed copies to:
Port of Los Angeles Board of Harbor Commissioners 425 S. Palos Verdes Street
San Pedro, CA 90731 Attn: Stacey Xenios
Very truly yours,
PM: sax Enc.
Port of Los Angeles 425 So. Palos Verdes Street P 0 Box 151 San Pedro, CA 90733 0151 310/SEA-PORT FAX 310/837-0439
An Affirmative Acriort/€qual Opportunity Employer
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-Ac;REEMwT
REIMBURSEPENT AGREEMENT BFIWEEN THE CITY OF CARLSBAD
AND THE CITY OF IDS ANGELES FOR
E"MENTAL MO"G, DESIGN SUPFOFCL'
AND PROPERTY AcQUISITIW FOR THE
BATICQCJMDS LzGCoN E"m €3xiJEm
THIS AGREEMENT is made this 9t.. day ofG-199i
between the CITY OF CARLSBAD, a municipal corporation of the State of
California, hereinafter referred to as CITY, and the City of Los Angela
acting by and through the Board of Harbor Cormnissioners hereinafter referred
to as BOARD.
RECITALS
WHEREAS, ]BOARD and CITY intend to purAe a project identified as the
enhanmt of Btiquitos &goon (project) as mitigation for I;OS Angels
harbor fills; and
WHEREAS, BOARD and CITY are parties to an Agreement ("MOA") with vario federal and state agencies which established procedures and responsibilities
for design, construction and maintenance of the Project: and
WHEREAS, CITY has already certified the EIR/EIS, has completed final
design and is now in the process of preparm for Project construction; and
WHEREAS, to proceed with the Project it is now necessary to retain the
services of Tetra Tech, Inc. for environmental monitor- dur- consMctic
to amend the existing agreement with Moffatt & Nichol, Engineers to include
design support services during construction and to acquire the necessary
properties to construct the project; and
all tasks necessary to prepare for the construction of the Project.
WHEREAS, BOARD is responsible to fund the amount necessary to complete
NOW, THEREFORE, in consideration of the covenants and conditions, it i
City will engage the firm of Tetra Tech, Inc. hereinafter refen
to as the ENVIFONMENTAL MONITOR perform the neceSSary mnitoriry
and public relations functions for the Batiquitos Lagoon
Enhancement project as described more specifically in
agreed as follows:
1.
the
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Agreement between the City of Carlsbad and Tetra Tech, Inc. ,
(Attachment 1).
amount of $1,999,752.00.
It is understood that the E"MENTAL MONITOR shall not procee
with any of the scope of work tasks designated as an optional ta
unless written notice to proceed is received from the city Manag
or his designee.
City will amend their existing engineering agreement with Moffat
& Nichol, Engineers hereinafter referred to as the DESIGN CONmTW, to include design sLq?port services during
ConstrUCtion. Amendwnt No. 3 is hcorprated herein as
Attachment No. 2 to this Rehhrsement Agr-t.
rendered will be on a time and materials basis with a not-to-
exceed amount of $500,000.00,
It is understood that the DESIGN CONSULTANT Shall not win work
unless prior written authorization is received specifying the ta to proceed on and the budget authorized to be spent. authorization must be received from the City Manager or his
designee.
city will enter escrow agreements and initiate condemnation
proceedings to acquire the property necessary to construct the
project. The cost to acquire the necessary parcels, described i Attachment 3, will be for the not-to-exceed amount of $600,000.0
In accordance with the provisions of the MOA, BOARD will rehkmr
the CITY for all Carlsbad employee salaries and expem~~ direct1
related to the hplemmtation of the project.
administrative costs and expenses shall not exceed $400,000.00.
BOARD shall pay to CITY the actual cost of Tetra Tech, Inc services, Moffatt & Nichol, Engineers services, property acquisition costs and CITY administrative costs provided these
costs shall not exceed the not-to-exceed amounts, (including a 20
contingency), as shm on Attachment 4, without prior written
approval of BOARD. 'Ihe total not-to-exceed amount for this Reimkxlrsement Agreement, including a 20% contix'gency is
$4,199,702.00.
Services rendered will be for the not to exceed
2.
3.
Services
4.
Written
5.
6.
Actual City
7.
8. The invoices of Tetra Tech, Inc., Moffatt and Nichol, Engineers
and all additional Consultants retained by City as authorized by this agreement shall be forwarded mnthly to BOARD for approval
and direct payment by BOARD in a tkly mer. Monthly invoice
for actual CITY administrative cost, shall be paid by BOARD in a
like mer.
It is understood that Tetra Tech Inc., and Moffatt & Nichol
Engineers shall be independent contractors of the CITY.
Said invoices shall be fully documented by CITY.
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10. If, in the course of this Contract and design, changes seem mited by the E"TAL MONITOR, DESIGN CONSULTANT, CITY 01
BOARD and informal consultations with the other parties indicatx that a change in the conditions of the contract is warranted, ti
E"MENTAL MONITOR, DESIGN OONSULTANT, CITY, or BOARD may
rquest a change in the scope of work. Such changes shall be
processed by the initiating party in the follmhg mer: A
letter outlining the desired changes shall be fomarded to the
other two parties to inform them of the proposed changes along
with a statement of estimated changes in charges or time schdul
After reaching mutual agreement on the proposal, a supplemental
agreement or change order shall be prepared by the CITY and
approved by the Board, and Carlsbad's City Council. Ccxnpensatior
for said change order shall be determined based on the fee
schedules contained in the City/Consultant Agreements.
In consultation with the CITY, BOARD shall have the right to
terminate the work of the E"MENTAL MO;NITOR and DESIGN
CONSULTANT at anyth~ for any reason as long as the BOARD
reimburses the E"TAT; MONITOR, the DESIGN CONSULTANT, anc
the CITY for costs incurred to date. Such termination shall be
accomplished by BOARD providing CITY a written notice and CITY
terminating the Agreemmt as provided in that Agreement.
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ATTACHMENT NO. 1
AGREEMENT FOR ENVIRONMENTAL MONITORING & COMMUNITY RELATIONS
BATIOUITOS LAGOON ENHANCEMENT PROJECT
SERVICES DURING THE CONSTRUCTION OF THE
This Agreement, made and entered intovh 9 , 1994,
by and between the CITY OF CARLSBAD, a municipalkorporation,
hereinafter referred to as 'tCITY,tf and Tetra Tech, Inc. a Delaware
Corporation of 6405 Mira Mesa Boulevard, Suite 100, San Diego, CA
92121, hereinafter referred to as llCONSULTANT1f.
RECITALS
CITY requires the services of Tetra Tech, Inc. to provide the
necessary environmental monitoring and community relations services
for the construction phase of the Batiquitos Lagoon Enhancement Project; and
CONSULTANT, its personnel and Subconsultants, by training,
knowledge, and experience in the fields of environmental
monitoring, wetland ecology, avian species protection, public
facilitation and community relations, possess the necessary skills
and qualifications to provide the services required by CITY;
Now, therefore, in consideration of these recitals and the
mutual conditions and covenants contained herein, CITY and
CONSULTANT agree as follows:
1. DEFINITIONS
A. Aqreement. This document and Exhibits A through D.
B. City. The City of Carlsbad, a municipal corporation.
C. City Manaaer.
D. Cities.
E. Consultant. Tetra Tech, Inc.
F, Project. The Batiquitos Lagoon Enhancement Project, as
defined herein includes (1) reconfiguration of the Lagoon to restore tidal inflows and aid in maintaining an open Lagoon
mouth; (2) creation of new intertidal and subtidal habitats;
(3) construction of California least tern and Snowy Plover
nesting sites; (4) construction of a tidal inlet structure;
The City Manager of the City of Carlsbad.
The City of Carlsbad and the City of Los Angeles.
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(5) construction of a new West Carlsbad Boulevard Bridge; (6) disposal of dredged and excavated material by technical11 feasible, environmentally acceptable and cost-effective
methods; (7) monitoring activities to determine the conditior of the constructed Lagoon on a regular basis; and (8)
necessary maintenance activities.
G. Subconsultant (s 1 .
Wetlands Research Associates, Inc. . Katz & Associates . Rick Alexander
Gallegos & Associates
P & D Technologies
H. Work. All services to be provided by Consultant anc
Subconsultants pursuant to this Agreement, necessary to allot City to proceed with construction and completion of Project.
1.Proiect Director. As designated by the City Manager, actinc for and on behalf of the City.
2. CONSULTANT'S OBLIGATIONS
The CONSULTANT shall:
A. Conduct the necessary tasks identified in the Scope o
Services, a copy of which is attached I'Scope o
Services"- Exhibit A and incorporated by reference
herein;
Attend such meetings of public and private groups as mal
be required in conjunction with the work:
Provide all personal transportation during the course o
this agreement;
B.
C.
D. Hold harmless from acts or omissions of CONSULTANT'*
employees or Subconsultants while on land owners propert
all land owners granting permission for CONSULTANT tj
enter and conduct the required studies as identified i
the "Scope of Services".
E. Perform all functions, responsibilities and requirement
to complete work as specified in the I'Scope of Services
Exhibit A herein above referenced.
3. CITY OBLIGATIONS
Under the general direction of the City Manager or hi authorized representative and subject to the provisions o
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this Agreement, CITY shall:
A. Make available to CONSULTANT its records, reports and
other documents deemed necessary to properly perform the
services required by the CITY;
B. Obtain all required permits, with CONSULTANT'S
assistance, to allow the CONSULTANT to perform the tasks
identified in the "Scope of Servicesr1- Exhibit A;
C. Obtain permission from property owners to allow the
CONSULTANT to both enter the private property and to perform the tasks identified in the llScope of Services11 -
Exhibit A;
D. Review materials submitted by CONSULTANT in a timely
manner so that the CONSULTANT can adhere to the
construction schedule,(to be provided by contractor);
E. Announce, advertise, conduct and record all public meetings and hearings, with CONSULTANT'S assistance,
related to the completion of this Agreement;
Provide a Project Director who shall act on behalf of the
CITY in the execution of this Agreement.
F.
4. SCHEDULE TO COMPLETION
The work under this Agreement will begin within ten (10)
working days after receipt of written notification to proceed
by CITY and be completed according to the schedule approved
for the construction of the Project. Extensions of time may
be granted if requested by CONSULTANT and agreed to in writing
by the City Manager. In consideration of such requests, the
City Manager will give allowance for documented and
substantial unforeseeable and unavoidable delays not caused by error on the part of the CONSULTANT, or delays caused by CITY inaction or other agencies' lack of timely action.
5. FEES TO BE PAID TO CONSULTANT
The not to exceed fee payable according to Paragraph 6,
"Payment of Fees", shall be $1,999,752.00. No other compensation for services will be allowed except those items
covered by supplemental agreements per Paragraph 8, "Changes
in Workt1.
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6. PAYMENT OF FEES
Payment of fees shall be in accordance with the fees by task
set forth in Exhibit B - "Method of Compensation/Consultant
Fee Schedule". CONSULTANT shall submit invoices monthly that
represent the value of work completed to date, minus any prior payments made. Payments shall be made in the course of CITY
business following delivery of invoices provided fees are verified and approved by CITY. Payment of any invoices
pursuant to this section shall not constitute a waiver by CITY
of any breach of any part of this Agreement. Payment will
normally be made within 60 days of receipt of invoice.
7. FINAL SUBMISSIONS
CONSULTANT shall deliver to CITY the Work Products ir
accordance with Exhibit C - llDeliverables"
8. CHANGES IN WORK
If, in the course of this Agreement, changes seem merited by the CONSULTANT and the CITY, and informal consultations witk
the other party indicate that a change in the conditions of
the Agreement is warranted, the CONSULTANT or the CITY mal
request a change in the scope of work. Such changes shall be
processed by the CITY in the following manner: A letter
outlining the desired changes shall be forwarded to the Citl
Manager or CONSULTANT to inform them of the proposed changes
along with a statement of estimated changes in charges or time schedule. After reaching mutual agreement on the proposal, E
supplemental agreement or change order shall be prepared bl
the CITY and approved by the City Council. CONSULTANT':
compensation for said change order shall be determined basec
on the fee schedules contained in Exhibit B - PIMethod of
Compensation/Consultant Fee Schedule".
9. COVENANTS AGAINST CONTINGENT FEES
The CONSULTANT warrants that its firm has not employed 01 retained any company or person, other than a bonaf ide employee
working for the CONSULTANT, to solicit or secure thi: Agreement, and that CONSULTANT has not paid or agreed to pa],
any company or person, other than a bonafide employee, an)
fee, commission, percentage, brokerage fee, gift, or any othei consideration contingent upon, or resulting from, the award 01
making of this Agreement. For breach or violation of thi:
warranty, the CITY shall have the right to annul thi:
Agreement without liability, or, in its discretion, to deducl from the Agreement price or consideration, or otherwise
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recover, the full amount of such fee, commission, percentage,
brokerage fee, gift, or contingent fee.
10. NONDISCRIMINATION CLAUSE
The CONSULTANT shall comply with the State and Federal Ordinances regarding nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the CONSULTANT'S failure to prosecute, deliver, or perform the work as provided for in this Agreement, the CITY may notify the CONSULTANT of its intent
to terminate this Agreement. The CONSULTANT shall respond
within ten (10) working days of its receipt of notification.
The CITY may then terminate this Agreement for nonperformance
by notifying the CONSULTANT by certified mail. If the
Agreement is terminated the CONSULTANT, thereupon, has five
(5) working days to deliver documents owned by the CITY and
all work in progress to the Project Director. The City
Manager 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 in having the
Work for this Agreement completed. Based upon that finding as
reported to the City Council, the Council shall determine the
final payment of the Agreement.
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 the parties. Such questions, if
they become identified as a part of a dispute among persons
operating under the provisions of this Agreement, shall be
reduced to writing by the principal of the CONSULTANT or the
City Manager. A copy of such documented dispute shall be
forwarded to both parties involved along with recommended
methods of resolution which would be of benefit to both
parties. The City Manager or principal receiving the letter
shall reply to the letter along with a recommended method of
resolution within ten (10) working 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 its resolution through the Office of the City
Manager. The City Council may then opt to consider the recommended 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
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the parties seeking remedies available to them at law.
13. RESPONSIBILITY OF THE CONSULTANT
The CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of all services furnished by the CONSULTANT under this Agreement.
The CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its work product anc other services caused by CONSULTANTS negligence or omission.
Neither the CITY'S review, approval or acceptance of, no1
payment for, the --?wices required under this Agreement shall be construed to ._-?rate as a waiver of any rights under thi: Agreement or of any cause of action arising out of tht performance of this Agreement, and the CONSULTANT shall be anc remain liable to the CITY in accordance with applicable la\ for all damages to the CITY caused by the CONSULTANT': negligent performance of or omissions of any of the service: furnished under this Agreement.
The rights and remedies of the CITY provided for under thi:
Agreement are in addition to any other rights and remedie:
provided by law.
14. SUSPENSION OR TERMINATION OF SERVICES
This Agreement may be suspended or terminated by the CITY up01
rendering ten (10) working days written notice to tht
CONSULTANT. In the event of such suspension or termination
upon request of the CITY, the CONSULTANT shall assemble thc work product and put same in order for proper filing ani
closing and deliver said product to CITY within five (5
working days. In the event of suspension or termination, thc
CONSULTANT shall be paid for work performed up to thi
suspension or termination date; however, the total shall no
exceed the guaranteed total maximum. The CITY with input froj the CONSULTANT shall agree on the work performed. If ni
agreement is reached, the CITY shall make the fina
determination as to the portions of tasks completed and th
compensation to be made.
15. STATUS OF THE CONSULTANT
The CONSULTANT shall perform the services provided herein i
CONSULTANT'S own way as an independent contractor and i
pursuit of CONSULTANT'S independent calling, and not as a
employee of the CITY. CONSULTANT shall be under control o
6
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the CITY only as to the result to be accomplished and thc
personnel assigned to the Project but shall consult with thc
CITY as provided for in the request for proposal.
The CONSULTANT is an independent contractor of the CITY. Thr
payment made to the CONSULTANT pursuant to this Agreemen’ shall be the full and complete compensation to which thc CONSULTANT is entitled. The CITY shall not make any federa or state tax withholdings on behalf of the CONSULTANT. Tht CITY shall not be required to pay any workers compensatior insurance on behalf of the CONSULTANT. The CONSULTANT agree:
to indemnify the CITY for any tax, retirement contribution,
social security, overtime payment, or worker’s compensatior
payment which the CITY may be required to make on behalf 03
the CONSULTANT or any employee of the CONSULTANT for work don(
under this Agreement.
16. CONFORMITY TO LEGAL REQUIREMENTS
The CONSULTANT shall cause all work products to conform tc
applicable requirements of law: Federal, State, and local.
CONSULTANT shall assist the CITY to provide all necessar],
supporting documents to be filed with any agencies whose
approval is necessary.
17. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, anc specifications prepared for this project are to become thc
property of the CITY, whether the work for which they are
prepared be executed or not, but they are for this project
only and are not to be changed or used on any other project
except at the sole risk of the CITY. In the event this
Agreement is terminated, all documents, plans, specifications,
drawings, reports, and studies shall be delivered forthwith tc
the CITY. CONSULTANT shall have the right to make copies of
the plans for its records. The CONSULTANT shall not be
allowed to publish the results of the technical studies and
monitoring activities developed expressly as part of this
Agreement without the written permission of the CITY.
18. ASSIGNMENT OF AGREEMENT
The CONSULTANT shall not assign this Agreement or any part
thereof or any monies due thereunder without the prior written
consent of the CITY.
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19. SUBCONTRACTING
If the CONSULTANT shall subcontract any of the work to bc
performed under this Agreement by the CONSULTANT, CONSULTAN'I
shall be fully responsible to the CITY for the acts anc
omissions of CONSULTANT'S Subconsultant and of the person:
either directly or indirectly employed by the Subconsultant as
CONSULTANT is for the acts and omissions of persons direct11
employed by the CONSULTANT. Nothing contained in this
Agreement shall create any contractual relationship betweer
any Subconsultant of CONSULTANT and the CITY. The CONSULTAN'I
shall bind every Subconsultant by the terms of this Agreement
applicable to CONSULTANT'S work unless specifically noted tc
the contrary in the subcontract in question approved ir
writing by the CITY.
It is understood that the CONSULTANT intends to engage thesc
Subconsultants for performance of portions of the Work:
0 Wetlands Research Associates, Inc.
0 Katz & Associates
0 Rick Alexander
0 Gallegos & Associates
0 P & D Technologies
Whenever it is necessary for CONSULTANT to emplo) Subconsultants not identified above, their employment shall
require the prior written approval by the CITY except
Subconsultants whose total cost is less than Twenty Thousanc
Dollars ($20,000).
20. PROHIBITED INTEREST
No official of the CITY who is authorized in such capacity or
behalf of the CITY to negotiate, make, accept, or approve, 01
take part in negotiating, making, accepting, or approving of
any architectural, engi,neering inspection, construction 01
material supply contractor, or any subcontractor in connectior with the construction of the Project, shall become directly 01 indirectly interested personally in this Agreement or in ani
part thereof. No officer, employee, architect, attorney,
engineer, or inspector of or for the CITY who is authorized ir
such capacity and on behalf of the CITY to exercise an) executive, supervisory, or other similar functions ir
connection with the performance of this Agreement shall becomc directly or indirectly interested personally in this Agreement or any part thereof.
8
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21. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent,
or employee of the CITY, either before, during, or after the
execution of this Agreement, shall affect or modify any of the
terms or obligations herein contained nor such verbal agreement or conversation entitle the CONSULTANT to any additional payment whatsoever under the terms of this Agreement.
22. SUCCESSORS OR ASSIGNS
All terms, conditions, and provisions hereof shall inure tc
and shall bind each of the parties hereto, and each of their
respective heirs, executors, administrators, successors, and
assigns.
23. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first above written.
24. CONFLICT OF INTEREST
The CONSULTANT shall file a Conflict of Interest Statement with the CITY Clerk of the CITY of Carlsbad in accordance with
the requirements of the CITY of Carlsbad Conflict of Interest
Code.
25. HOLD HARMLESS AGREEMENT
1. Indemnity for Professional Liability
When the law establishes a professional standard of care
for Consultant's services, for work to be performed by
Consultant under this Agreement, except for the omission,
negligence or willful misconduct of the City of Carlsbad,
City of Los Angeles, State of California and North County
Transit District, collectively hereinafter referred to as
IIIndemnified Parties, It Consultant shall indemnify,
protect, defend and hold harmless Indemnified Parties and
any and all of their boards, officers, agents or
employees from and against any claims, charges, damages,
costs, expenses, (including counsel fees), judgements,
civil fines and penalties, liabilities or losses of ani
kind or nature whatsoever which may be sustained or
suffered by or secured against the Indemnified Parties,
their boards, officers, agents, and/or employees b)
9
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reason of any damage to property, injury to persons or
any action that may arise out of the performance of this Agreement that is caused by any act, omission or negligence of Consultant, its officers, agents, employees
or subconsultants.
2. Indemnity for Other Liability
Except for the sole negligence,(by act or omission), or willful misconduct of Indemnified Parties, Consultant
shall indemnify, protect, defend and hold harmless
Indemnified Parties and any and all of their boards,
officers, agents or employees from and against any
claims, charges, damages, costs, expenses, (including
counsel fees), judgements, civil fines and penalties,
liabilities or losses of any kind or nature whatsoever
which may be sustained or suffered by or secured against
the Indemnified Parties, their boards, officers, agents
and/or employees by reason of any damage to property, injury to persons or any action that may arise out of the
performance of this Agreement that is caused by any act, omission or negligence of Consultant, its officers,
agents, employees or subconsultants regardless of whether
any act, omission or negligence of Indemnified Parties,
their officers, agents or employees contributed thereto
provided that (1) if the Indemnified Parties contribute
to a loss, Consultarit’s indemnification of the
Indemnified Parties for the Indemnified Parties’ share of
the loss shall be limited to Five Million Dollars
($5,000,000), (2) notwithstanding the limitation in (l),
Consultant shall remain responsible for one hundred
percent (100%) of any loss attributable to it, and (3)
the provisions in (1) and (2) apply on a per-occurrence
basis.
26. WORKERS‘ COMPENSATION
A. The CONSULTANT agrees to secure the payment of
compensation to its employees injured while performing
work or labor necessary for and incidental to performance
under this Agreement in accordance with the provisions of
Section 3700 of the Labor Code of the State of
California.
B. The CONSULTANT shall file with CITIES one of the
following: (1) a certificate of consent to self-insure
issued by the Director of Industrial Relations, State of California, (2) a certificate of Workers’ Compensation insurance issued by an admitted insurer, or (3) an exact
copy or duplicate thereof of the policy certified by the
director or the insurer. Such documents shall be filed
10
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Prior to commencing the Work of this Agreement.
C. Where the CONSULTANT has employees who are covered k
United States Longshoremen and Harbor Worker2
Compensation Act coverage, the CONSULTANT must furnis
proof of such coverage to the satisfaction of CITIES.
27. LIABILITY AND INDEMNITY INSURANCE
A. The CONSULTANT shall furnish a policy of comprehensis
general liability insurance with endorsements fc
contractual liability assumed and automobile liabilit
insurance, in which Indemnified Parties, their boards
officers, agents, and employees are named insureds or ai
included as additional insureds with the CONSULTANT
Such policy shall fully protect and save harmless th
additional insureds from any and all claims for damage
for bodily injury, including wrongful death, as well a
from claims for property damages, which may arise fro
operations under and in connection with this Agreement
whether such operations be by the CONSULTANT or by an
subcontractor or Subconsultant or anyone directly o
indirectly employed by either of them and whethe
liability is attributable to the CONSULTANT or any of th
named insureds. Such policy shall protect th
Indemnified Parties, their boards, officers, agents, an
employees while acting within the scope of their duties
against all claims arising out of or in connection wit
the work.
B. The minimum limits of Liability Insurance shall be th
limits normally carried by the CONSULTANT, but not les
than $1,000,000 combined single limit for property damag
and bodily injury including death. If the submitte
policies contain aggregate limits the CONSULTANT shal
provide evidence of insurance protection for such limits
so that the required coverage is not diminished in thc
event that the aggregate limits become exhausted. Saic
limit shall be without deduction, provided thal
Indemnified Parties and their designee may permit <
deductible amount when, in their judgement, it ir justified by the financial capacity of the CONSULTANT.
C. When the work of this specification requires the use o
watercraft, the CONSULTANT must additionally provid(
protection and indemnity insurance in the amount o
$1,000,000 combined single limit for marine liability.
This insurance may be furnished by the Subconsultant
using the watercraft rather than the CONSULTANT.
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28. SPECIAL INSURANCE ENDORSEMENTS
The insurance endorsements attached hereto as Exhibit D -
llSpecial Insurance Endorsements'*, shall be made available tc
Contractors and CONSULTANTS and shall be filed with the
Project Director to satisfy the insurance requirements described above.
29. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT certifies that it now has professional liabilit) insurance in the amount of one million dollars ($l,OOO,OOO), that it will take whatever steps necessary to assure that the work performed under this agreement will be covered by suck
policy, and that it will keep such insurance or its equivalent in effect at all times during performance of this Agreement
and will expend every effort to retain such policy for twc
years following completion of the plans and specifications under this agreement.
30. INSURANCE DOCUMENTS AND SUBMITTALS
A. All required insurance policies shall be transmitted tc
the Project Director within thirty (30) days of award of
contract for approval by CITIES.
B. The approval of insurance by CITIES shall be a conditior
precedent to the right of the CONSULTANT to demand 01
receive payment for the work under this Agreement
requiring such insurance. No request for payment will bc
processed until the required insurance has been approvec
by CITIES and no Notice to Proceed will be issued until
such approval has been given.
C. The CONSULTANT SHALL SUBMIT two "certified duplicate"
copies of all policies of required insurance witk
personally executed signatures of authorized agent OK
representative. Facsimile signatures will not be approved. IN LIEU OF CERTIFIED DUPLICATE COPIES OF INSURANCE POLICIES, CERTIFICATES OF INSURANCE ENDORSEC
WITH EXHIBIT D -"SPECIAL INSURANCE ENDORSEMENT" WILL BF
ACCEPTED.
D. The General Liability Policy provided by CONSULTANT ani
Protection and Indemnity Policy provided by thc
Subconsultant using watercraft, as specified ir
subsection (D) of paragraph 27, shall name as additional
insureds the Indemnified Parties, their boards, officers, agents, and employees, and must contain a noncancellatior
clause exactly as follows:
12
' C42LlbU 1 [V ZAZ C,?Lb( 4
J If \ I, i State ofQ AL t mu7 + ' County of c3w ~\EM J
-4 Jiid m On- 0 TE before me, NAME TITLE OF OFFICER E G JANE OdE NOTARY PUBLk"
)-d on11 4 0-
NAMEISIPF SIGNER(S) personalty appeared I-, kfic 2' b
personally known to me - OR - $I proved to me on the basis of satisfactory evidence
to be the personH whose name(Sl@are
subscribed to the within instrument and ac-
knowledged to me that hemthey executed
the same in hlsmtheir authorized
capacityw, and that by hi69theIr
signature# on the instrument the PerSOnW,
or the entity upon behalf of which the
OFRW- I1 person@ acted, executed the instrument.
W.XMw-#
~~pumJuWM~U i
~QflXENWOF.00~
WITNESS my hand and official seal. !? 8 i, -* ;+; rrmmms9'10257
I ' . 5". fia-&OO.lllY 20. IVWII I-
- OPTIONAL SECT1
CAPACITY CLAIMED 6'
Though statute does not require
fill in the data below doing si
invaluable lo persons relying on tt
c] INDIVIDUAL n CORPORATE OFFICEf
TITLE S) c] PARTNER(S) c] LIN
0 GE ATTORNEY -IN-FACT
c] TRUSTWS) 0 GUARDIANICONSER\
aoTHER %LUX l w
SIGNER IS REPRESEI
NAME OF PERSON(SI OR ENTIn
0 e
CITY OF CARLSBAD COMMUNITY DEVELOPMENT
Location: Portland, Oregon
Audience:
Frequency: Annually, plus one extra trip for a total of four.
Regional Director of the U.S. Fish and Wildlife Sev
and selected staff
This estimate applies only to scheduled presentation briefings; additic
meetings with these agency personnel are under the Public Agency Mee
task described earlier.
2.2 Community Liaison
Two components of the Community Liaison task will include: (1)
establishing, monitoring, and reporting for the community hot line; and
determining the feasibility of an interpretive center. The role of
Community Liaison is to create and maintain direct, effective communicai
between the public and the project team. The high visibility of the proj
and inconveniences to the community caused by construction
necessitate constant attention to the public's questions and concerns. -
Community Liaison must understand the technical aspects that drive
implementation process and be able to communicate them in terms that
understandable to the general public. The Liaison must also have a rapp
and understanding with the City and permitting agencies to direct the pul
to appropriate information sources. A comprehensive understanding
habitat and biological issues, operation of local government and sen
agencies, and federal and state regulatory agency requirements are
primary importance.
The Community Liaison will be regularly available and prompt in respond
to the community. The Liaison will frequently be called upon to take
conciliatory role and must be able to resolve minor conflicts. The put
must feel that the Liaison not only listens, but acts on their input and sho
genuine concern.
Excellent communication skills are fundamental to the role. The Liaison mi
be an attentive listener and be able to respond verbally, in writing, e
graphically. In addition to communicating directly with the public, 1
Liaison will inform the Project Facilitator and Public Information Liaison
the public's informational needs. Using input from the public, 1
E B AT1 QU IT0 S LAG 0 0 N E N HA NC EM EN1 P R OJ ECT
23
0 W CITY OF CARLSBAD COMMUNITY DEVELOPMENT
Agency Interaction
Three important components of successful implementation of the project a
environmental compliance, local support, and agency and elected offici
understanding and encouragement. It is not likely that an undertaking wil
the scope of the Enhancement Project will have no detractors. In the Sz
Diego region, we have seen recent examples of how the involvement (
senior elected or appointed officials can sway agency and public opinion (
major projects causing their delay or abandonment.
This task will, consequently, focus on design and execution of regular
scheduled briefings for key public officials, including top agenc
administrators, local elected officials, state legislators, and members (
Congress. Costs identified for this task include development of briefir
materials and scheduled travel. If these parties are going to receii
information about the Enhancement Project, it should come from the Cit
Port District, and Project Team.
The anticipated schedule for conducting project briefings is:
m Location: Washington, D.C.
Audience: Congressmen Packard and Cunningham
Staffs of Senators Boxer and Finestein
Key personnel from:
- Depanment of Interior -
-
- other relevant participating/interested agencies
U.S. Fish and Wildlife Service
U.S. Army Corps of Engineers
Frequency: Annually, plus one extra trip for a total of four.
Location: Sacramento
Audience: Selected members of the Southern California delegatia
Key personnel from:
-
- Statewide Office of the U.S. Fish and Wildlife Servii
- other relevant participatinghnterested agencies
Department of Fish and Game
Frequency: Twice annually for a total of six trips.
B BATIQUITOS LAGOON ENHANCEMENT PROJECT
22
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CITY OF CARLSBAD COMMUNITY DEVELOPMENT
state policies, anticipate what those changes could be. Production of
Policy Paper is coordinated with the legislative monitoring responsibilitl
These three examples are included to demonstrate the Policy Paper pro(
which is being recommended. It is anticipated that policy direct
institutional coordination, and other issues will arise over the 3-year COL
of the project, which will lend themselves to resolution using this mett
The proposed budget anticipates three policy papers in year one, and 1
per year for years two and three, for a total of seven policy papers.
Development of an effective participation framework can greatly enha
project success. This component is optional, but its inclusion should
seriously considered, and could be based on the participation framew
already established to develop the Enhancement Plan. Even though
project will have all of the necessary approvals, and has withstood I(
tests, a consensus among interested participants for its expedi
implementation is of great value. There is probably no substitute fo
community-based committee which functions collectively as an advoc
and spokesperson for the project. A suggested participation framew
would incorporate three key committees which are described below.
Batiquitos Lagoon Enhancement Advisory Committee. The Advis
Committee would create a forum for discussion and resolution of proj
issues. The Committee would be community-based, including all pan
necessary to a consensus to proceed with implementation activit
including the City, the Port District, and other local and regional agenci
environmental community representatives, private sector leaders, lo
special interest groups, regulatory agency representatives, and Project Te'
members. The Project Facilitator could serve as chairperson for t
Committee as in the example of the successful Carlsbad HMP.
If an Advisory Committee approach is chosen, it should generally follov
monthly meeting schedule with flexibility for slow periods or times when
accelerated schedule is desired. The budget incorporates 33 meetings
an Advisory Committee presuming that formation of the body would occ
in month three.
@ 6 All Q U I TO S LAG 0 0 N E N HA N c EM ENT P R 0 J E CT
21
9 c CITY OF CARLSBA COMMUNITY DEVELOPMENT
project year so that it can be modified based on our experience and realist
schedules and products set for the ensuing twelve-month period.
The project must be prepared for natural or accidental situations whic
affect the environment, the schedule, or the apparent regular operation
the program. This Policy Paper will draw on the combined experience of tl
project team so that we have a contingency plan for addressing emergeni
situations both in terms of the Construction Team's response and tl
Environmental Monitoring Team's response and explanation of the situatic
to the public. A short list of events that would require special attentic
would include the following.
a Sustained or torrential rain which produces significa
flooding in Encinitas Creek, San Marcos Creek, or t
lagoon.
8 Brushfires which affect the project site or burn a substant
portion of the drainage basin.
a Public safety concerns related to project equipment and bc
highway and rail bridges in the event of a sizable earthqual
a Accidents which affect the operation of large equipment.
a Accidents which could potentially cause fuel or chemi
spills in the lagoon or near shore area.
8 Severe winter storms which cause extreme tides and/or s
conditions which affect the project structures or equipme
m Planned or unplanned human interference which cau!
damage or delay to the project.
8 Sewage or toxic spills which could occur as a result
construction activity or in areas upstream.
The project team will jointly develop a Policy Paper on what response wc
be taken to regulatory changes, and based on an analysis of federal l
€ BATIQUITOS LAGOON ENHANCEMENT PROJECT
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CITY OF CARLSBAD COMMUNITY DEVELOPMENT
budget, we have attempted to determine an average time allocation for
following tasks (dividing it equally over the 36-month period).
Public Interface and Presentations: Provide the primary project interi
with the community. Design, schedule, and facilitate meetings with
community, government officials, resource agencies, any commi
structure, and other project participants. Develop and staff the Pt
Participation Framework described in this proposal if that process is selec
for inclusion. Participate in regularly scheduled project team meetings.
Agency Interaction: Coordinate and interface with federal and s
agencies and with elected officials. Ensure access to regulatory
resource agency decision-makers and other key officials so that approva
in-process project modifications does not cause unnecessary delay.
Public Interface and Presentations
Som'e of these tasks are specified or implied in the RFP and others
suggestions of the Tetra Tech team and are for consideration. If seleci
we will negotiate with the City to refine the scope and level of efiort
each of these tasks.
As one of several initial activities, the Facilitator will begin preparation (
series of Policy Papers intended to establish a theme for interaction with
public and media, and describe how the project will respond to spec
situations. In this role, the Facilitator will serve as the author of th
internal policy documents which will be the product of all team memb
An initial set of recommended subjects are described below.
One Policy Paper will describe the overall strategy to be employed by
project team in dealing with the public. The Facilitator will ass
responsibility for public interaction, describe procedures to be gener
employed, including level of response and referral guidelines, and estab
performance standards for dealing with public concerns. The paper will i
set goals and a schedule for the production and circulation of pu
information material during year one, and determine which proj
milestones require the greatest information distribution efforts. It
anticipated that the Policy Paper would be updated at the start of e,
E BATIQUITOS LAGOON ENHANCEMENT PROJECT
19
0 0 CITY OF CARLSBAb COMMUNITY DEVELOPMENT
a time and materials basis. This task is discussed in more detail in the Publi
Relations task description.
Public Agency Meetings
It is anticipated that 12 formal agency meetings will be conducted i
Carlsbad. Ms. Dehoney, Mr. Alexander, and Dr. Josselyn will be availabl
for all public agency meetings. Any additional technical specialists will b
billed on a time and materials basis.
2 PROJECT FACILITATION AND PUBLIC INFORMATION
The overall role of the Project Facilitator is to plan and coordinate activitie
of the Project Facilitation and Public Information Team. The Facilitator w
work closely with the Project Directors, Construction Manager, an
Enhancement Project Team to ensure that consistent and accurate polic
statements and public information programs are being conducted. Th
Project Facilitator will also manage and support the activities of th
Community Liaison and Public Information Liaison. The Tetra Tech Teal
has incorporated the services of Rick Alexander to serve as Projec
Facilitator. His experience with policy-making and consensus developmen
presentation skills, and recent policy level participation in key Carlsba
projects make him a natural choice for this position.
There are three major tasks under Public Facilitation and Public lnformatior
m Public Facilitation
Community Liaison
Public Information Program
2.1 Public Facilitation
This section of the proposal outlines a series of tasks designed to provic
the Batiquitos Lagoon Enhancement Project with a state-of-the-art proce:
which will demonstrably enhance the project's overall conduct, perceptiol
acceptance, and internal coordination. These tasks will be spread over ti-
entire 3-year life of the project. Some of these tasks will require dai
attention, others will be performed on a weekly or other regular basis. In tt
@ BATlQUlTOS LAGOON ENHANCEMENT PROJECT
18
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CITY OF CARLSBAD COMMUNITY DEVELOPMENT
m Time;
Descriptions; and
Photographer(s1.
1.3 Meetings and Presentations
Tetra Tech will coordinate with the City's Project Director to ensure that
appropriate team members are available to attend all meetings
presentations. Because of the uncertainty related to the number and ler
of time for these meetings and presentations, this task will be billed c
time and materials basis. The monthly status report will document the ti
staff in attendance, and requirements for support staff for this task. T
Tech has the in-house resources to provide all graphics, slides, repc
handouts, exhibits, and other related materials for meetings
presentations. A contingency estimate is provided for the follov
meetings and presentations:
Weekly Status Meetings
A total of 31 2 weekly status meetings are estimated (2 meetings per w
for Construction Management and the City, 52 weeks per year, for 3 yea
Ms. Dehoney will attend all of the weekly status meetings. Rick Alexan
will attend one meeting per week. Dr. Josselyn has been schedulec
attend 28 weekly status meetings. Tetra Tech will provide one of
TechnicaUManagement Specialists for six meetings. They will be availa
at key milestones or at critical junctures in the process. Should
attendance of additional technical specialists be warranted, the attendar
will be billed on a time and materials basis. Preparation and attendanct
estimated at six hours per meeting.
Public Presentations
It is estimated that 12 public presentations will occur over the course of
project. Ms. Dehoney, Mr. Alexander, and Dr. Josseiyn will be available
all of the public presentations. Preparation and attendance at each of 1
public presentations is estimated to require 20 hours for each of 1
principals and 40 hours for support staff, such as graphics and w(
processing assistance. Any additional technical specialists will be billed
E BATlaUlTOS LAGOON ENHANCEMENT PROJECT
17
m w CITY OF CARLSBAL) COMMUNITY DEVELOPMENT
copies will be provided to the City for distribution. A reproducible masti
(unbound) copy will be provided in the event that the City require
additional copies.
The Public Relations' annual report will provide a compilation of the pa:
year's activities, proposed program for the next year, and an
recommendations for future tasks. It is assumed that the distribution of thl
report will be limited to the City and Port; therefore, 10 copies will b
provided to the City for distribution. A reproducible master (unbound) cop
will be provided in the event that the City requires additional copies.
Photographic Documentation
Photodocumentation will be provided for environmental monitoring an
public relations activities, such as workshops, community meetings, an
exhibits. Technical staff conducting the routine environmental monitorin
will photograph appropriate tasks and environmental conditions using 3
mm still-format cameras. In the event that any violations are notec
photodocumentation will be conducted as soon as feasible. Cameras will b
made available to field personnel and at least one camera will be kept at th
construction site.
Tetra Tech will also provide video of the routine monitoring, public relations
and any violations. This film can be used for documentation purposes an1
for use by the public relations team. A video camera will be kept at th
construction site in the event of any violations.
On the back of each photograph, the following information will be provideo
8 Date;
m Time;
8 Photographer.
8 Description; and
For any video tapes prepared, the tape and the film cover will be coded. Th
following information will be attached to the film cover:
8 Date;
@ BATIQUITOS LAGOON ENHANCEMENT PROJECT
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CITY OF CARLS8AD COMMUNITY DEVELOPMENT
EXHIBIT 3
SAMPLE BATIQUITOS LAGOON ENVIRONMENTAL MONITORING PROGRAN
MONTHLY STATUS REPORT
The following report summarizes activities on the Batiquitos
Lagoon Environmental Monitoring Project for the period -
to -*
PROJECT STATUS: Activities Completed
1. ENVIRONMENTAL MONITORING
Task 1.1 : Avian Species Protection
Task 1.2: Endangered Species Act Compliance
Task 1.3: Delineation of Coastal Salt Marsh and
Other Environmentally Sensitive Areas
Task 1.4: Water Quality Mitigation Monitoring
Task 1.5: Air Quality Mitigation Monitoring
Task 1.6: Noise Mitigation Monitoring
Task 1 .7: Cultural Resources Mitigation Monitoring
2. PUBLIC RELATIONS
Task 2.1 : Project Facilitation
Task 2.2: Community Liaison
Task 2.3: Public Relations
Activities in Progress
Activities Scheduled for Next Month
Potential Problems
Schedule Status
Meetings Attachments
strictly on the environmental tasks, including permit conditions. It
anticipated that the Environmental Monitoring annual report will be provlc
to a variety of permitting agencies, City Council, Port Board
Commissions, and others (any advisory committees or other public inter
groups) to be determined through discussion with the City. Because of
potential widespread distribution of this report, we have estimated that
E
BATlQUlTOS LAGOON ENHANCEMENT PROJECT
15
I CITS OF c~RLSBABCOMMUN~TY DEVELOPMEN (r
EXHIBIT 2
SAMPLE
BATlQUlTOS LAGOON ENVIRONMENTAL MONITORING PROGRAM
WEEKLY STATUS REPORT TRANSMITTAL
The following report summarizes activities on the Batiquitos
to - . Mitigation monitoring and reporting forms are
attached.
Task 1.1 : Avian Species Protection
Task 1.2: Endangered Species Act Compliance
Task 1.3: Delineation of Coastal Salt Marsh and
Other Environmentally Sensitive Areas
Task 1.4: Water Quality Mitigation Monitoring
Task 1.5: Air Quality Mitigation Monitoring
Task 1.6: Noise Mitigation Monitoring
Task 1.7: Cultural Resources Mitigation Monitoring
Lagoon Environmental Monitoring Project for the period -
Monthly Reporting
A monthly status report will be prepared and transmitted to the City'
Project Director at the close of each month. This status report will provic
a written summary of the environmental monitoring and public relatior
tasks. Additionally, copies of all project correspondence and/or material
generated by the Public Relations task (e.g., newsletters, policy papers
media) will be attached to the status report at this time. Five copies of th
status report will be provided to the City. This monthly status report WI
accompany the invoice prepared for the project. A sample Monthly Statu
Report format is provided in Exhibit 3.
Annual Report
Two annual reports will be prepared documenting the Environment&
Monitoring program results and activities conducted under the Publlc
Relations task. The Environmental Monitoring annual report will focu:
Is B ATIQUITOS LAG o ON E NHANCEMENT P ROJ ECT
14
@ e
CITY OF CARLSf3AD COMMUNITY DEVELOPMENT
1.2 Reporting
The reporting program will encompass the documentation requirement:
the City. All of the reports mandated by the permitting process ((
quarterly reports for Regional Water Quality Control Board) are include
the individual task description. All reports will be transmitted to the Citl
approval prior to transmission to any outside sources.
A monitoring and reporting file will be established for this project. Copie
all original field data, laboratory analyses, photographs, and other rei;
documentation will be maintained. All data and reports will be loggel
ensure that all records are complete. The log will contain a docun
control number and a text description.
Mitigation forms will be prepared for each monitoring activity. Forms
were used in the EIR/EIS will be used, or slightly modified, to rei
individual requirements for a specific task. A sample format is presentel
Exhibit 1.
All monitoring forms and reports will be cross-referenced in two file!
chronological file will be maintained retaining all forms in sequential or
A second set of files will be maintained by issues. For example, all w
quality monitoring reports will be retained in a separate file. In this man
review of file data can be conducted either by time frame (e.g., reviek
monitoring conducted in spring 1995) or by issue (e.g., review all least
files to date).
Weekly Reporting
A compilation of all monitoring and reporting forms will be transmitte
the City's Project Director on a weekly basis. All forms from field perso
will be transmitted to the Environmental Manager at the close of bush
on Friday. All forms and a summary status report will be transmitted to
City's Project Director on Monday. It is anticipated that five copies wi
required by the City. As discussed previously, these reports wil
maintained in a contract file chronologically and by issue. A sa1
transmittal format is shown in Exhibit 2.
t B AT1 Q U IT0 S L A G 0 0 N E N HA N C E M EN T P R 0 J ECT
13
e
BITcxnoS LMayeMzoM PFMAEC7 CONSTRUCTlON YmGATKIN YONITOWM LOG
Mmgsbon Msanure
Ennmmnaaal h4mdor
A-oN- H&gat~MBsntm
Ermronmaai Marltoc
Pro* Nana Fib N-rs
EiR or m t4q. ok:
m------~a.,-~-urn-~m--- -mawma- ~-~~-a-m-RlOlllm-mm-(IUoma--ma h7.m UD (M- i-mfil.p QulrQ m 3W hac-- S.mrllollB
Renafio Sham V6dd
CflRWs I-- -w
_IlmPl_m. 7.. --- 1- ^-I---.--- --LI .I--.--.- --*--- ------------ ----
Exhibit 1
r) 0
CITY OF CARLSBAD COMMUNITY DEVELOPMENT
Upon review of the records search and plans, a site reconnaissance wi
conducted to ensure that there are no additional unrecorded or unmitig
archaeological resources which could be affected by the project. In
event that the project could affect either unrecorded resources or exis
resources which have not been mitigated, a testing/data recovery proc
would need to be conducted. Because of the uncertainties related to
number or extent of archaeological resources, all testing/data recovei
out of scope and would require contract amendment.
During the actual "rough grading" associated with the preparation of
staging areas and access roads, an archaeological monitor will be onsil
ensure that no subsurface archaeological resources are disturbed. Beci
of the limited amount of grading anticipated, a total of 40 hours
proposed for construction monitoring. If additional monitoring of gra
activities are required, the costs would be billed on a time and mate
basis.
A report of findings, consistent with federal and state requirements, w
be prepared documenting the results of the field reconnaissance
monitoring program.
The archaeologist will also provide support for the Interpretative Centei
general level article will be prepared documenting prehistorical use of
Lagoon. This article will be written for the newsletter and a graphic wi
prepared for the Interpretative Center.
The paleontological monitor will review the data presented in the EIR/
grading plans for the staging areas, and any access roads proposed by
contractor. A field reconnaissance of these areas would be conducte
determine the nature and distribution of deposits of low, moderate, and
paleontological resource importance. Should any area proposed to
disturbed by grading be identified to potentially contain moderate or hi
important paleontological resources, grading would be monitored
contingency estimate of 40 hours for field monitoring is proposed; how€
because of limited grading associated with the project, it is expected
monitoring will not be necessary. At the completion of this task, a rep0
findings will be completed.
t BATIQUITOS LAGOON ENHANCEMENT PROJECT
11
0 m CITY OF CARLSBAu COMMUNITY DEVELOPMENT
m Washing of vehicle wheels to prevent tracking of mi
offsite; and
m Covering of stockpiled soils with suitable vegetative
synthetic cover.
This monitoring will occur concurrent with other monitoring activitie
Should APCD require a more formalized program, Tetra Tech will review ar
supplemental APCD requirements and specify a scope and cost estima
when a formal permit is received.
Task 6: Noise Mitigation Monitoring
Tetra Tech will assign an environmental specialist to measure noise level
prior to initiation of construction and twice annually for a total of seve
monitoring sessions. Four to six receptors will be established sensitiv
locations. The measurements will be made during each shift.
Noise measurements at each site will be measured over a 1-hour perio
using a sound logging meter. This meter calculates the Le, (the equivaler
noise level measured in dBA over the 1-hour period); L,, and I-,,,,, (th
highest and lowest noise level in dBA measured during the 1-hour period)
and L,, L,, L,,, L9, (noise levels in dBA that are exceeded 1, 5, 50, and 9(
percent of the time during the 1-hour period).
Task 7: Cultural Resources Mitigation Monitoring
Gallegos & Associates, with support from Tetra Tech archaeologists, wii
be responsible for implementing the archaeological resources mitigatioi
monitoring program. One meeting will be conducted with the Army Corp!
of Engineers and City staff to review and confirm the archaeologica
protocol.
The archaeological monitor will obtain an updated records search anc
review all final grading and construction plans. Potential areas ol
disturbance include the staging areas and any access roads required by the
contractor. Two preconstruction meetings have been proposed with the
archaeological monitor and the City, Construction Manager, and Contractor,
Q BATIQUITOS LAGOON ENHANCEMENT PROJECT
10
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CITY OF CARLSBAD COMMUNITY DEVELOPMENT
Task 5: Air Quality Mitigation Monitoring
The air quality mitigation monitoring program will include review of
Pollution Control District permits, routine equipment inspection, and fugit
dust emissions.
The operators or owners of the dredges will have to obtain air permits fr
the San Diego County Air Pollution Control District (SDAPCD). Because
the high usage rate and horsepower ratings of the dredge diesel engines
is likely that an air quality analysis, including air quality modeling and sou
testing, will be required for the permit applications. Tetra Tech will ve
that the permits have been granted by SDAPCD prior to the start
dredging operations. It should be noted ::Tat it may require 4 to 8 mon
to obtain the permits. In the event that modeling or monitoring is requi
for acquisition of the permit, Tetra Tech can provide those services o
contract basis.
No APCD permit is available at this time. When the permit is received, if i
additional monitoring is required, Tetra Tech will provide specific scope i
level of effort at that time. The environmental monitor will be responsible
the weekly inspection of construction equipment, including dredgi
graders, truck, and pumps to verify that air pollution control equipmen
in place and functional, and that there are no obvious leaks of fuel
lubricant. They will also inspect the dredge fueling operations to verify
use of spill containment equipment.
An environmental monitor will perform unscheduled visual inspections of
project operators to ensure that project personnel are complying with
mitigation measures to reduce fugitive dust. The mitigation mea.%
include the following:
w Covering of access roads with compacted gravel or anot
appropriate surface material;
m Watering of unpaved construction areas as needed to con
fugitive dust emissions;
E
BATIQUITOS LAGOON ENHANCEMENT PROJECT
9
CITY OF CARLSBA 9 COMMUNITY DEVELOP MEN‘^ 0
bacterial contamination. If bacterial contamination is noted at 1,000 mete
additional monitoring farther downcurrent will be required. Signage will
posted in ail areas adversely affected by the bacterial contamination.
Water samples will be taken daily at all locations which have been found
be contaminated until no bacterial contamination is noted for thr
consecutive days. Signage will then be removed and RWQCB and DOHS v
be notified.
After each breaching, a report of findings will be transmitted to RWQCB ar
DOHS within 15 days. If positive contamination is noted, a report will I
submitted within 75 days after it has been determined that water quali
has returned to acceptable levels.
Water samples will be taken once a week whenever dredged materials a
being discharged onto the beach. The samples will be taken within 1C
meters of any dredge disposal site(s). If any water sample is found I
contain bacteria at levels that exceed Ocean Water Quality Standard
RWQCB and DOHS will be notified within 24 hours. Signage will t
immediately posted prohibiting body contact with the water. Addition
sampling will be conducted at 100, 200, 500, and 1,000 mete
downcurrent of dredge operations. If positive bacterial contamination i
identified, water samples will be taken daily at all locations which have bee
found to be contaminated until no bacterial contamination is noted for thre
consecutive days.
Monitoring reports for routine sampling, when all samples are negative, WI
be submitted quarterly. If any sample is identified as positive1
contaminated, a report will be submitted within 15 days after it has bee
determined that water quality has returned to acceptable levels.
When no materials are being disposed on the beach, no water qualit
monitoring is required. Quaneriy reports will document the disposal date5
quantities of material disposed; and water quality sampling data.
The cost proposal includes routine monitoring assuming no beach disposa
during the summer and one lagoon breaching. The cost proposal does no
include extensive contamination testing or more than one lagoon breaching
E BATlaUlTOS LAGOON ENHANCEMENT PROJECT
8
0 e ,
CITY OF CARLSBAD COMMUNITY DEVELOPMENT
Three near-surface water samples (replicates/split samples) will be obtai
with Van Dorn bottles during each sampling period. This sampling grid
be shifted as necessary to accommodate proposed dredged matc
discharge locations. Turbidity monitoring will be conducted semi-wec
(alternative term, twice a month) for three months to establish base
conditions prior to initiating any dredge disposal operations. Three Sam1
will be collected during each sampling event. Stations to be monitc
include a station (control) located approximately 1,000 meters norther11
all dredge disposal operations and approximately 100 meters offshi
Another station located approximately 1,000 meters southerly and
meters offshore of all proposed dredge operations will also be monito
All monitoring will be conducted during peak tidal conditions.
Once dredge operations have been initiated, turbidity will be monitored o
a month at the same locations specified above. If turbidity exceeds
percent above the control station, the Regional Water Quality Control Bc
(RWQCB) will be notified.
Coliform bacterial monitoring will be required for two aspects of
Batiquitos Lagoon project: breaching the lagoon and dredge dispc
operations. AI1 bacterial testing will be completed at a laboratory certi
by the State of California Depanment of Health Services (DOHS).
During most of the dredging program, thg water level in the lagoon will n
to be maintained. This will be accompli, .?d predominantly through the
of a cobble berm separating the lagoon from the ocean. This berm may n
to be breached to allow excess water from the lagoon to enter into
ocean to prevent flooding. No less than one nearshore shallow subsurf
water sample will be obtained and tested for coliform bacteria prioi
breaching the berm. When the lagoon is breached, either natural11
artificially, similar water samples will be obtained at 24-, 48-, 96-
1 68-hour intervals following breaching and tested for coliform bacteria
The RWQCB and DOHS will be notified within 24 hours if any w
samples contain coliform bacteria at levels that exceed Ocean Water QuI
Standards. Signage will be immediately posted prohibiting body contact ’
the water. Additional sampling will be conducted at 100, 200, 500,
1,000 meters downcurrent of the lagoon mouth to identify the exten
€ B AT1 QU I TO S LAG 0 0 N E N HA N c EM EN T P R 0 J ECT
7
'CITY' OF CARLSBAacOMMUNITY DEVELOPMENI 0
quarterly to ensure that all construction employees recogn
the importance of these conditions.
WRA has provided similar training programs to dredge operating employ€
of Cargill Salt and has prepared a booklet on endangered species for Paci
Gas & Electric staff working on transmission facilities in wetland areas.
Task 3: Delineation of Coastal Salt Marsh and Other
Environmentally Sensitive Areas
The Tetra Tech team will review the proposed access, construction stagil
areas, and dredging activities with the Construction Manager to determil
the extent of impact to vegetated wetlands. WRA will recommel
alternatives to reduce impacts to wetlands to the extent practicable. On1
it is determined where impacts will occur, WRA will inspect areas for ai
sensitive wildlife species and will stake and flag the boundary of tl
proposed activities. These areas will be mapped and the acreage to t
disturbed determined. WRA will also inspect the site to ensure complianc
with the boundaries established by flagging.
Task 4: Water Quality Mitigation Monitoring
Water quality mitigation monitoring encompasses two major component:
turbidity monitoring and bacterial monitoring. Turbidity monitoring will k
required whenever dredge material is being discharged onto the beach. Th
bacterial monitoring will also be required whenever dredge material is bein
discharged onto the beach. In addition to this routine, bacterial monitorin1
will be required whenever the lagoon is breached, either intentionally o
accidently. Our cost proposal anticipates one intentional breaching at projec
completion.
Six turbidity monitoring events will be conducted semi-weekly for threl
months to coincide with the unequal serni-diurnal spring tides. These dat,
will document worst-case naturally occurring turbidity conditions. Threl
near-surface sampling stations will be established: one 1,000 meter
upcoast from the lagoon mouth (control), one at the lagoon mouth, and thf
third 1,000 meters downcoast of the lagoon. Each of these stations will bc
located approximately 100 meters from the mean higher high tide line
E 6ATlQUITOS LAGOON ENHAMCEMENT PROJECT
6
c ITY 0 F c A R Ls BA.' 0 M M U N ITY D EVELO P M ENTe !
The support services required will be based on (1) the occurrence of bir
and nesting activity within the lagoon and (2) the needs of the City
services of an avian biologist during the non-nesting season when dredgi
activities are occurring. For the purposes of this scope of work, WRA
assuming that all nesting sites will be utilized and will require a full-tir
biologist for the duration of the nesting season. This assumption is bas
on the need to undertake all daily monitoring, nest site inspections a
counts, and predator control efforts. If warranted, additional staff may
necessary to undertake an approved control plan. However, if no or fc
birds arrive and nest on the site, the amount of monitoring effort may
reduced in consultation with the City and federal and state agencies. Duri
the non-nesting season, the specifications do not require any speci
services; however, the avian biologist will be on-call and available to ma
routine inspections as needed.
During the nesting period, the avian biologist will also be responsible
submitting weekly and monthly reports required by the contract. Ot
ancillary monitoring required in those areas being constructed will also
handled by the avian biologist.
Task 2: Endangered Species Act Compliance
The Tetra Tech team will complete all tasks related to the Endangei
Species Act compliance measures. These measures include the followii
Preparation of a small booklet on the endangered plant t
animal species potentially occurring at Batiquitos Lagol
with descriptions, photographs, and/or illustrations of e:
species. Tetra Tech will supplement the endangered spec
portion of the booklet with other important mitigal
measures.
Preparation and presentation of a training program
construction employees and other individuals involvec
project work, management, or monitoring. The trair
program will involve classroom instruction and f
demonstrations. These training sessions will be held
E BATIQUITOS LAGOON ENHANCEMENT PROJECT
5
e------ L;II T tjr \~H~L~=HL UMMUNll Y UtVCLUTMtNl
dredging is occurring in the middle of basins, the avian biologist will be on-
call as needed to address any problems with shorebirds and waterfowl.
Major tasks for the avian biologist will include:
I Monitoring and coordination with the Construction Manager
to ensure compliance with availability of nesting sites by
March 1, including site cleanup and inspection.
rn Observations of least terns and western snowy plovers
within the lagoon that are initiated on March 1 of each year
until end of the nesting and fledgling period (approximately
September 151, including:
- Arrival and foraging activities of least terns and westerr
snowy plovers;
- Nest site monitoring; and
- Predator monitoring and implementation of predatoi
control activities as warranted.
rn Pre-inspection of areas where dredging will occur within 1 OC
feet of coastal salt marsh to determine presence of Belding's
savannah sparrow and/or light-footed clapper rail (durins
nesting season only).
rn Routine and on-call inspection of site during dredging
activities to ensure compliance with general protection
measures for avian wildlife resources.
To perform the tasks required, it will be necessary to locate a field office fo
the avian biologist at the project site between March 1 and September 1 !
of each year. This is required for regular inspections that must be completec
during this period, both within the lagoon and on the nesting sites. Dum<
the remainder of the year, the avian biologist will be responsible for routine
inspections and on-call services.
b BATlQUlTOS LAGOON ENHANCEMENT PROJECT
4
0
CITY OF CARLsBAD COMMUNITY DEVELOPMENT
In addition to our technical approach, Tetra Tech believes that the sua
of this project will rely upon the project management. Ms. Betty Deha
will serve as overall project manager reporting directly to the Cit)
Carlsbad's Project Director. The individual task leaders will report dire
to Ms. Dehoney. The specific responsibilities which will be conducted ur
the Project Management task, as well as the corporate management tc
available to the Project Manager are discussed in Section 3.0, Pro
Management.
1 ENVIRONMENTAL MONITORING
1.1 Construction Monitoring Activities
Services related to water, air quality, and noise control will be providec
Tetra Tech. WRA will provide lead services in the areas of avian spe
protection, Endangered Species Act (ESA) compliance, and salt m(
vegetation monitoring. Gallegos & Associates will direct the cull
resources tasks.
Task 1: Avian Species Protection
Avian species protection measures focus directly on the following spec
8 California least tern;
8 Western snowy plover;
8 Belding's savannah sparrow; and
8 Light-footed clapper rail.
All work related to these species will be performed by the avian biola
assigned to the project. The majority of the work will occur in the perio
March 1 through September 15 when the avian biologist will be respon2
for monitoring the least tern and western snowy plover nesting sites. TI
will only be limited construction occurring during this period, primaril
bridges and other inf rastructural improvements. During the major dredl
activities, least terns and snowy plovers will not be present in the lagc
However, Belding's savannah sparrows and light-footed clapper rail ma
present where dredging is proposed near wetland areas. The avian biolc
will be present when dredging is occurring near these sensitive areas. U
t B ATI QUITO s L AG 0 ON E N HANCEM ENT P RO J ECT
3
CIJY oF CARLSEA ~OMMUNITY DEVELOPMENT -
action. They are also available for incorporation into the Advisoq
Committee (optional task discussed under the Public Relations Section)
I his entire team, or designated members, wiil be made available to thc
project on an as-needed basis. Although it is anticipated that the origina
Technical Advisory Committee will be retained in a review capacity
throqhouf the construction process, Tetra Tech wiil provide readilk
available technical staff of the highest caiiber for the duration of Ihiz
project.
There are two major components to our approach. One component is the
routine monitoring and coordination with the various entities involved in the
construction, management, and regulatory review. This component is
detailed below and specific work assignments have been proposed. The
second component is the emergency response component. It is our
intention that the coordination and involvement of our environmental
monitoring team and close communication with the Construction
Management team will minimize problems; however, in a 3-year
construction projeC: of this magnitude, unanticapted events are likely to
occur. Whether it be an unexpected rainfall causing an emergency with the
outfall or an inadvertent encroachment into an endangered species habitat,
the Environmental Monitoring Team will be prepared to respond
immediately.
To facilitate program coordination and rnitipte emergency situations, Tetra
Tech's key team members will be available through the use of personal
pagers, Phone numbers for Betty Dehoney (Project Manager) and Rick
Alexander (Project Facilitator) wiil be available to the City's Project
Manager, Port's Project Manager, Construction Manager, Contractor Project
Manager and the Community Liaison representative. In the event of MS.
Dehoney's or Mr. Alexander's unavailability, a second member of the team
will be designated as a backup. If an emergency occurs, the appropriate
response team can be assembled quickly (e.g., least tern biologist, water
quality specialist, pubfic information specialist). Contacts with the
appropriate regulatory agencies and appropriate remedial zction can be
initiated or, if necessary, an appropriate public response can be prepared
(e.g., media contacts). All home telephone numbers of key technical
specialists wi;l be available to rhe Project Manager to ensure that the team
can be assembled and respond quickly. it is also recornrnended that the
phone number of an appropriate City representative be ctvailable IO tnc:
E n vir o ntn en t a I M o r: it o r i I 3 g Tea rn .
-
m3 EA1 IGk'iT@$ LALOON EH({AHC~Y~U; Pfi~jtc,~
2
0 0
CITY OF CARLSBAD COMMUNITY DEVELOPMENT
a Environmental Tetra Tech has assembled a team of highly qualified technical specialist:
respond to a variety of environmental monitoring and public informal
tasks. The technical approach is divided between two major ta:
Environmental Monitoring and Public Relations. Section 2.3, Other Rela
Services, has been included which presents optional work items that r
be required, but cannot be defined at this time - Supplemental Pel
Coordination and Supplemental Environmental Document Preparation.
The Environmental Monitoring task includes all of the construci
monitoring requirements as designated in the EWEIS or in other applicz
regulatory permits. Some of the monitoring tasks required by the permit.
agencies will differ from the EIR/EIS and similar agencies; in th
situations, the most restrictive permit condition will prevail. Some perr
have not been obtained at this time nor conditions refined. For example,
Regional Water Quality Control Board and Air Pollution Control District h
not issued permits for this project. The scope which follows includes eil
existing or anticipated requirements from the applicable agencies. Wt
specific scopes of work cannot be clearly defined, it is noted in the ten
The Public Relations task includes far more than that which is typic
included in a public relations task. A strong policy and project facilitai
orientation is included. We have examined and responded to the speci
requested in the Request for Proposal. We have also reviewed the goal:
the City and Port, discussed the project at length with the project staff
agencies, noted the controversy that was previously encountered and wt
is expected to continue, and examined the project to determine area.!
potential conflict. Through this examination process, we have also propo
other elements in our work plan which will emphasize the "facilitator'
proactive approach to this task.
Tetra Tech has also designated a team of key senior specialists within
organization to provide technical/management support. No spec
assignment or task has been scoped at this time: however, this teat-
available in the event that unforeseen problems occur requiring immed
Monitonhg . Project
FJcriitJtion and
Information
= OtherRd~ted Services
FI
6 BATIQUITOS LAGOON ENHANCEMENT PROJECT
1
e 0
EXHIBIT A
ENVIRONMENTAL MONITORING b COMMUNITY RELATIONS SERVICES
SCOPE OF SERVICES
Prepared for
City of Carlsbad
2075 Las Palmas Drive Carlsbad, CA 92009-4859
and
Port of Los Angeles
425 South Palos Verdes Street
San Pedro, CA 90733-0151
Prepared by
Tetra Tech, Inc. 6405 Mira Mesa Blvd., Suite 100
San Diego, CA 92121
0 a
POWER OF ATTORNEY
TETRA TECH, INC., a Delaware corporation. hereby makes. constitutes ar
appoints BETTY J. DEHONEY, an employee of said corporation, as its true and lawf
attorney-in-fact, to act in its behalf for the purpose of executing an agreement with the Ci
of Carlsbad, a municipal corporation, 2075 Las Palmas Drive, Carlsbad, California 92009, fc
environmental monitoring and community relations services during the construction of tk
Batiquitos Lagoon Enhancement Project. Said services are to be performed under sai
agreement which is expected to be executed on or about February 2, 1994.
THIS POWER OF ATTORNEY is limited to the execution of the abovt
referenced agreement and shall become null and void after expiration or termination of tk
agreement.
WITNESS my hand and the seal of the corporation this 1st day of Februarq
1994.
TETRA TECH, INC.
\ -4 2 /\
If----
.= ,- 4L:'.
Li-San Hwang, President
I **
(SEAL)
0 e
Agreement Number: Accounting code:
COOPERATIVE SERVICE AGREEMENT (REIMBURSABLE} BETWEEN CITY OF CARLSBAD (CITY)
UNITED STATES DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
ANIMAL DAMAGE CONTROL (ADC)
TO CONDUCT PREDATOR CONTROL ACTIVITIES AT
BATIQUITOS LAGOONIADJACENT PROPERTIES
ARTICLE 1
The purpose of this Agreement is to control predators which are a threat or a predator of the endangered California least tern and
the threatened snowy plover’ in the nesting and foraging areas
located at Batiquitos Lagoon and adjacent properties.
ARTICLE 2
Authority exists under the Animal Damage Control Act of March 2,
1931 (7 U.S.C. 426-246b-246c) and the Rural Development,
Agriculture, and Related Agencies Appropriations Act, 1988 (P.L.
100-202) for ADC to cooperate with States, individuals, public and
private agencies, organizations, and institutions In the control of
wild mammals and birds injurious to wildlife and human health and
safety .
ARTICLE 3
The City and ADC agree that the predator control activities wlll be
conducted in accordance with mutually approved Scope of Work and
Budget Plan as may be amended.
ARTICLE 4
The City agrees:
a) To pay for services rendered by ADC pursuant to this agreement, not to exceed one hundred, ten thousand dollars
($110,000.00) over a three year period of time (1993-1996).
Each year the budget will be renegotiated. Payment should be
made to ADC within 30 days after receipt of the bill.
b) To designate to ADC an authorized representative who wlll serve as a contact under this Agreement.
c) To reimburse ADC for all unpaid obllgations incurred as a result of this Agreement upon its termination or expiration.
-- e a I
-. - MfI
Wetlands Research Associates, Inc.
RATE SCHEDULE
Batiquitos Lqpm #0954
Effective: January 1, 1994
PRl NCl PALS :
Michael Josselyn, Preslderrl ................... $ 129.60/HR
James Ruchholz, SerilorAssockte ................. 108.00/HR
SENIOR ASSOCIATE
Kurt Philipp Settior Rrsociafe ..................... 86.40fl-1R
ASSOCIATBS:
Douglas Spicher, Assocfate Wetland Biologist . , . , . , , . , . 70.20fi-W
William Carmen, Associotc IWd& Ecologlsl .......... 70.20/HR
Micki Miller, Associnfe ffml Ecofugist ............... 70.20/1 lR
TECI 1NICIANS;
John Lowenthal, WeetlnndBlologisl ................. 54.00/HK
Ainy Mcrrill, Plant Ecofoglst ...................... 54.00/HK
Susan Mrugal, Laridscape Plurtrrer .................. 48.60/HK
Chris Winters, "elland Ecologist .................. 48.60/HR
Shelby Sheehan, Ecologlsf ....................... 48.60/HR
Adam Whelchcl, Wdl~e Biologist .................. 48.60/HK
Scnn White, Flslrerfes Blalogist .................... 48.GO/HR
- - -_-
CLERICAL SUPPOKT .............................. 39.96/HR
EXPENSES ............................... COSTPLUS 10%
2169-C, Fast Franclsco Blvd, Sun Rafael, <;A 94901 (415) 454-8868/FAX (415) AW-C
9 .' 0 w
SCHEDULE OF WOODWARD-CLYDE GEOTECHNICAL ENGINEERING
LABORATORY AND EQUIPMENT CHARGES -
Standard laboratory tests will be invoiced at a fixed charge
per test. There will be a charge for the time of laboratory personnel associated with the supervision of the testing
program, and summarizing and plotting of the test data.
These personnel time charges will be at the hourly rates for
the classification of labor involved. The charges for
Charges for other tests are quoted on a projeci
specific basis. Preparation of Shelby tube or othe
special samples, equipment or laboratory consultin
will be based on hourly personnel charges.
standard laboratory tests are as follows:
All samples of soil and rock will be disposed of 4
Laboratow Analysis days after submission of any document thz
includes the data obtained from the samples, unles
other arrangements are mutually agreed-upon
Upon request, samples will be delivered to th
client at the client's cost or will be stored for i~
agreed storage charge.
Samples
Rate
Per Test Tme of Test -
Sieve Analysis - fine, including wash $ 60 Sieve Analysis - coarse to fine, including wash &inch to no. 200) 100
Mechanical Analysis (sieve analysis on Euuipment Rat
Inclinometer $20.005~ material smaller than no. 4 sieve and 3 pt. hydrometer) 80 Wash Analysis (no. 200 only) 40 Hydrometer Analysis Sand Cone Equipment 3.00fhou
(ASTM D-4222 - no. 10 material) 100 Nuclear Density Gage 6.OOhou Sieve and Hydrometer
Lab Compaction Test
Lab Compaction Test (Gin. diameter mold
Refraction Seismograph 20.00/hOU
(Corps of Engineers methods, 0 sues) 130 Down-Hole Logging Cage 20.00/*
(up to Gin. diameter mold) 125
and California 2164) 160 Lab Compaction Test - 1 point 45 Sand Equivalent 50 Liquid Limit 40 Shrinkage Limit 60 Plastic Limit 50 Plasticity Index 90 Specific Gravity 60 Water Content and Visual Classification 15 Moisture Content, Unit Weight
and Visual Classification 25 Unconfined Compression 50 Direct Shear - 3 Points 300 Consolidation Test - Setup 70 Consolidation Test - Per Point 40 120 Loaded Swell Test (2-in. diametcr specimen) 120 Expansion Index (recompacted bin. diameter 125 Resistivity Measurements 70 California Bearing Ratio (Static Compaction) 140 California Bearing Ratio
(Corps of Engineers Method) 400 R-value 200
Rates for other special equipment will be hmisha
upon request.
Confined Compression (including 2 points)
per specimen UBC 29-2 bedure)
This fee schedule contains con@ie& business information and is
not to be copied or distributed for any purpose other than
the use intended in this contract or proposal.
W UOIIPMhTSAAllQUlT Page 2 of '
BATIQUITOS LAGOON ENHANCEMENT PROJEC WOODWARD-CLYDE CONSULTANT SAN DIEGO OFFK
MODIFIED 1994 AND 1995 STANDARD SCHEDULE OF FEES AND CHARGE
0 '-
The following describes the basis for compensation for services to be performed during the calendar years 1994 and 1995. This Schedule of Fees and Charges will be in effect annually on January 1 of each year. A new Schedule of Fees will be provided for services extending beyond 1995.
PERSONNEL
The charge for all time required in the performance of the Scope of Services, including office, field and travel the.
will be at the Unit Rice Hourly Rates set forth below for the labor classifications indicated.
\
1994 1995 Hourly Hourly Labor Classification - Rate Rate
ClerWOffice Assistant* $41.74 $43.41 Word Processor/Technical Typist* 59.63 62.01 Technical AssistantEditor" 65.59 68.21 Drafter/lllustrator* 59.63 62.01 Senior Drafter/lllustrator* 65.59 68.21 FieldlLab Technician* 65.59 68.21
Senior Technician 77.51 80.61
Staff 69.17 71.94
Senior Staff 83.48 86.82 Assistant Project 93.02 96.74
Project 104.94 109.13
Senior Projea 125.21 130.21
AssociatelConsultant 143.10 148.82 PrincipaUSenior Consultant 155.03 161.23
-
w:uamavrmmQm Page 1
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Qgden Beeman & Asswlafes,
- Coclwmng IO t”.* &wrCOmnt 01 w wdwwe,a
CrdmOflrnraclrol
310 SOW+ 4R Avenue Porfand, Oregon 97204 F&bruW I, 1934 TeI (503) 223-8254 Fax (503) 222 CC;§ -~ --
MOFFATT & NICHOL, ENGImERS
P.0, Box 7707
Long Beach, CA PO807
ATTEN: Mikc Hcmphlil
Re: Datfqultos Lagoon Enhancemefit Project
Followhg EUC ow 1994 penonnel hourly rates for me above raferewed ptojsc~
Principal $1 11-96 Senlor En@lnttr 83.2a
Ptojectfhglnm I 33,39
SeCretarial 38.88
Project ]E&ghl@a If 69,83
Pcswch Coordinator 60.00 Eagmiag TecMctan 38.29
If you have any quatlons, please contgt us.
We appreciate Une oppomnity to continue to work with you on this project.
Very truly yours, &‘LL &--
Ogden Beeman
OGDEN BEEMAN & ASSOCIATES, INC,
Q5:at
! 0 a
i Batlqultos Lagoon Enhancement Project
Deslgn Support Services GurinQ Construcfion
- 1994 - 1996
Project Team Summary
14.0 DESIQN SUPPORT SERVICE
14 I Submlttal Cist/Matrlx
14,2 Attend Pre-Bld Mtng
14.3 Bld Revlew
14.4 P:o-Conatr.Maoting
14.6 Conatructlbn Queatlons $29,162 $15,919
14.8 Contractor Submitlalo $40,904 $15,552
14.7 Modlfy Drodgo Plan $38,466 $6,664
14.8 Obsw Cnstr/Attnd Mtngs $88,208 $39,654 $10,650
14 9 SettJemont/Consolldatlon SO $25,901
14. IO Romove Tidal Inlet
14.1 1 Prepare As-buills
14.1 2 Tldel Monltorlng Plan
14 13 ProJect Admlnistratlon
14.14 General Brldgo Support
TOTAL COST
Note: 7) All tasks are TdM.
2) Subconsultant foes Include M&N 12% markup,
4 '3ln\?AYI+~WMUARV WOt
?I 4,- Y
e V
db! -
,MOFFATT & NICHOL, ENGINEERS
PATE SCHEDULE FOR PROFESSIONAL SERVICES ON BATIQUITOS LAGOON ENHANCEMENT PROJECT FOR DESIGN SUPPORT SERVICES DURING CONSTRUCTION
Effective February 1994 through June, 1994
CLASSIFICATION HOURLY RATES
Pro ect Manager $123.SO Pro act En heardSenlo: Engineer d 104.00 S 104.00
$ 99.00 3 96.00 Mcchanical Engincor Electrfcal Engineer
Civil En her $ $2.00 Coast8 arbor Englneer S 80.00 s 58.50 Staff Enginccr
ENGINEERING
Coeutd b Sc antist
Structural Englneer J 84.50 d
SPECIFICATIONS Spaci flcations $ 7830
DRAFTING Drafter I1 $ 62.50 Drafter i $ 48.00
CLERICAL
$ 48.00 s S 41.00 Word Processin Oeneral CIerica
SPECIAL Principals S 143.00 Court Appearances 5 220.50
REIMBURSABLE EXPENSES Computer Rates Micro Computer et S 1 Show CADD at SlYhour In-houso Machlno Plot - Per Rate Schedule
In-House Prints and Xerox - Per Rate Schedule Other Reproduction at Cost Plus 12%
Cost + 12% Unless Othendse Provided in Written Agreement
Company Auto at 25 centdrnile
Travel end Expenses at Cost
Reproductions
Subcontracts or Services
Mileage
Travel
0 e
- EXHIBIT B
METHOD OF COMPENSATION/CONSULTANT FEE SCHEDULE
The Consultant shall be compensated for services under thi!
agreement in accordance with the Engineering Agreement, Paragrapl
10 and as provided herein. The method of payment shall be time an(
materials with a not-to-exceed amount.
Time and materials payments shall be made monthly based on th
attached rate schedules. Progress reports and invoices shal
document progress and actual time applied to the project for th
specific task. Expenses shall be itemized. All work performed b
subcontractors shall be paid on a cost plus twelve percent (12%
basis. Rate schedules may be upUated annually for the consultar
and its subcontractors, if prior written approval is received frc
the City. Annual rate increases shall be no greater than tho:
charged to other municipal agencies and in no case shall tl
increases exceed 5% per year. The City shall review the invoic
and progress report and approve the invoice or state disputt
amounts. If amounts are disputed, the City shall inform tl
Consultant within five (5) working days and state reasons f
dispute. Payment shall be made for amounts not disputed. Disput
amounts shall be paid upon resolution of the dispute.
V m
-
SCOPE OF WORK January 31, 1994
DESIGN SUPPORT SERVICES DUFUNG CONSTRUCTION TASK 14
gt&ctive:
Assist the City in bidding the project; review Contractor submittals for conformanc with the intent of the Drawings and Specifications; ccnsult during construction; prepare as-built plans and conduct finat monitoring for credit establishment; and 01 duties as required,
Scoue:
14. I
14.2
Review submittal list aid submittal review matrix prepared by Contractor.
Attend pre-bid meeting and be available to clarify contract documents during the
bidding phase,
Review bids for engineerlng compliance with bid documents. 14.3
14.4 Attend a pre-constructfon meeting.
14.5 Prepare responses to Construction Manager quesrions during construction.
14.6 Review documents and sho drawings required to be submitted by the Contrnctor fo materials, equipment, sche (P des, and dredging plan.
14.7 Modify dredge plans as reqcired foIlowing completion of pre-construction survey.
14.8 Observe construction a3 it progresses for genera: conformance with the plans. Atten periodic meetings with Contractor and Construction Manager,
14.9 Review settlement and consolidation rates for Central basin fill and make recommendations to adjust disposal plan, if required.
14.10 Review methods and procedures for removing tidai inlet dike.
14.1 1 Prcpare "as-built" and record drawings as appropriate, on original construction documents from data supplied by others,
14.12 Develop and conduct final tidal monitorin plan for establishment of credits. Include,
\X a brief report and drawings of acreages o B inundation levels to conipue with project requirements.
Manage, adulithter and coordinate services to be provided including subconsu1tmt services.
Perform additional bridge studies as needed.
14.13
14.14
0 0
EXHIBIT A -
DESIGN SUPPORT SERVICES DURING CONSTRUCTION
SCOPE OF SERVICES
JANUARY 31,1994
Prepared for
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009-4859
and
Port of Los Angeles
425 South Palos Verdes Street
San Pedro, CA 90733-0151
Prepared by
Moffatt & Nichol, Engineers
250 W. Wardlow Road
Long Beach, CA 90807
W w
-
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
THE CITY OF CARLSBAD
Date 3/dal?q
CLAUDE A. LEWIS, Mayor
Attest
Aletha L. Rautenkranz, City Clerd
Moffatt €i Nichol, Engineers
/94 4 A Date 3 FE?~
(SEAL)
{
BY k?jzxT FL
Ronald R. Ball, City Attorney
3/2L/S vi
LWS/AMEND3
2/2/94
0 *
to property, injury to persons or any action that may
arise out of the performance of this Agreement that is
caused by any act, omission or negligence of Consultant,
its officers, agents, employees or subconsultants
regardless of whether any act, omission or negligence of
Indemnified Parties, their officers, agents or employees
contributed thereto provided that (1) if the Indemnifiec
Parties contribute to a loss, Consultant ' I
indemnification of the Indemnified Parties for the
Indemnified Parties' share of the loss shall be limitec
to One Million Dollars ($l,OOO,OOO), (2) notwithstandinc
the limitation in (l), Consultant shall remair
responsible for one hundred percent (100%) of any 10s:
attributable to it, and (3) the provisions in (1) and (2
apply on a per-occurrence basis.
Consultant agrees that the State of California and the North Count
Transit District and any and all of their boards, officers, agents
and employees are added as Additional Insureds in Paragraphs 31 an
34 of the agreement.
6. All of the provisions of the aforementioned agreemen
entered into on March 20, 1990, between City and Consultant, exceF
for those modified by this amendment, shall remain in full forc
and effect.
7. This Amendment No. 3 to the aforementioned agreemer
between City and Consultant shall be effective on and from the d:
first above written.
W w
5. Consultant agrees to substitute the following for
Paragraph 29. of the agreement; -
29. HOLD HARMLESS AGREEMENT
1. Indemnity for Professional Liability
Except for the negligence or willful misconduct of the
City of Carlsbad, City of Los Angeles, State of
California and North County Transit District,
collectively hereinafter referred to as IIIndemnified
Parties," Consultant shall indemnify, protect, defend and
hold harmless Indemnified Parties and any and all of
their boards, officers, agents or employees from and
against any claims, charges, damages, costs, expenses,
(including counsel fees) , judgements, civil fines and
penalties, liabilities or losses of any kind or nature
whatsoever which may be sustained or suffered by or
secured against the Indemnified Parties, their boards,
officers, agents, and/or employees by reason of any
damage to property, injury to persons or any action that
may arise out of the performance of this Agreement that
is caused by any act, omission or negligence of
Consultant, its officers, agents, employees or
subconsultants.
2. Indemnity for Other Liability
Except for the sole negligence or willful misconduct of
Indemnified Parties, Consultant shall indemnify, protect,
defend and hold harmless Indemnified Parties and any and
all of their boards, officers, agents or employees from
and against any claims, charges, damages, costs,
expenses, (including counsel fees), judgements, civil
fines and penalties, liabilities or losses of any kind or
nature whatsoever which may be sustained or suffered by
or secured against the Indemnified Parties, their boards,
officers, agents and/or employees by reason of any damage
0
WHEREAS, the parties hereto desire to expand the scope of work
to include design support services during construction.
WHEREAS, a Design Support Services during Construction scope
of work and not-to-exceed fee schedule have been negotiated and
agreed to between the parties hereto; and
WHEREAS, the City Council of the City of Carlsbad, California,
hereby finds it necessary, desirable, and in the public interest to
proceed with this Amendment No. 3 for said additional work.
NOW, THEREFORE, in consideration of these recitals and the
mutual covenants contained herein, City and Consultant hereby agree
as follows:
1. Consultant will perform tasks as described anc
incorporated herein in Exhibit A, Scope of Services - Desigi
Support Services during Construction, dated January 31, 1994.
2. Consultant shall perform all work on a time and material:
basis. Work shall not begin on any task without the prior writte
authorization from the City Manager or his designee. Eac
authorization shall indicate work to be done and not to exceed cos
for said work.
3. The total not to exceed amount for Moffatt & Nichc
Services shall be increased by the amount of five hundred thousar
dollars ($500,000) .
4. City shall pay Consultant in accordance with Exhibit B c
this Amendment No. 3, Method of Compensation/Consultant Ff
Schedule. All work associated with this Amendment will be for tl
not-to-exceed amount of five hundred thousand dollars ($500,000
All work and services performed by subcontractors shall be paid
accordance with Exhibit B on a cost plus twelve percent (12
basis.
.VJ W w
- Attachment No. 2
AMENDMENT NO. 3 TO THE ENGINEERING AGREEMENT
FOR THE BATIQUITOS LAGOON ENHANCEMENT PROJECT
BETWEEN THE CITY OF CARLSBAD AND MOFFATT h NICHOL ENGINEERS
THIS AMENDMENT NO. 3, made and entered into as of the ?e day
of n3J- 4 , 1994, by and between the CITY OF CARLSBAD, a
Municipal Corpogation, hereinafter referred to as "CITYtr, and
MOFFATT & NICHOL ENGINEERS, INCORPORATED, hereinafter referred to
as VONSULTANT. 11
RECITALS
WHEREAS, the City Council of the City of Carlsbad, California,
adopted Resolution No. 90-71 on March 20, 1990, approving a
consultant agreement with Moffatt & Nichol Engineers, for
supplemental environmental and engineering studies including final
design for the Batiquitos Lagoon Enhancement Project; and
WHEREAS, said resolution included a reimbursement agreement
between the City of Carlsbad and the City of Los Angeles, acting by
and through its Board of Harbor Commissioners, for all costs
associated with said project; and
WHEREAS, the consultant agreement with Moffatt & Nichol,
Engineers was for supplemental engineering studies and the
preparation of detailed engineering plans, specifications, and cost
estimates; and
~
I (printltype name). warrant that
I have authority to bind the below-lisred insurance company and by my
sqnature hereon do so bind this company.
Signature:
Authorized Representative (original signature required on copy
furnished fo the Board of Harbor Commissioners)
TITLE:
ORGANIZATION :
ADDRESS :
TELEPHONE:
r
Report claims pursuant to this insurance to:
(name, address, telephone)
Includes (check as applicable):
0 Prorection & lnderniry Oper schedule atrached a Hull & Machinery Oper schsduh arrached
Running-Down Clause $
oiShip Repairers Liability 0 Jones
0 lnchr
0 Cargc n pollu
0-
0-
0' Marine Terminal Operaror's Liability
0 Charter's Legal Liability
I
\
Number of Endc
- -
(prinr/type name), warrant that I
I have authoriry to bind the below-listed insurance company and by my
signature hereon do so bind this company.
Signature:
Aurhortzed Representative (original signature required on copy furnished 70 [he Board of Harbor Commissioners)
TITLE:
ORGANIZATION :
ADDRESS.
TELEPHONE:
Report Claims pursuant TO this insurance ro:
(name, address. telephonei
lncludes (check as applicable):
0 Owned Automobile a Hired Automobile
0 Nonawned Automobile CJ
Insurance Company Policy Number Endorsemenc Effective Da Number. of Endorst-n.
I (prinr/type name), warrant that
I have authority to bind the below-listed insurance company and by my
signature hereon do so bind this company.
Signatu re:
Authorized Representative (original signature required on copy
furnished to the Board of Harbor Commissioners)
TITLE:
ORGANIZATION :
ADDRESS:
TELEPHONE:
Repon claims pursuant to this insurance to:
(name, address, telephone1
Includes (check as applicable):
0 Broad Form Property Damage 0 Contrac
0 Personal Injury 0 Owned.
0 Independent Contractors Non43n
U PremisesQperations 0 Hired A
0 ExplosionCollapse Hazard 0 Fire Le<
0 Underground Hazard 0- n Products/Completed Operations 0-
Policy Number. Endorsement Insurance Company N urn ber :
Effx
of Er
I (printhype name),
warrant that I have authority to bind the below-listed
insurance company and by my signature hereon do so bind
this company.
Signature:
Authorized Representative (original signature required
on copy furnished IO the Board of Harbor Commissioners)
TITLE:
ORGANIZATION:
ADDRESS:
TELEPHONE :
e
Report claims pursuant to this insurance to:
(name, address, telephone)
There is a: D Deductible of Si
0 Self Insured Retention of $
Which applies:
UPer Claim D Per Occurrence
' Named insured and Address
4 E ndoraemenr Numoer Insurance Cornoanv POIOCV Number ! E ttecfive Dare
oi Enaorsernen:
e e
EXHIBIT D
SPECIAL INSURANCE ENDORSEMENTS
, LiTy OF CARCS @ COMMUNITY DEVELOPM e
The deliverables associated with this project are varied; however, r
routine monitoring reports will be transmitted weekly and monthly, wit1
annual summary report. Project tasks required to be completed once o
an intermittent basis, include such issues as archaeological, paleontologr
or air quality. Other programs require quarterly documentation, inciuc
water quality and the endangered species training program. The follou
represents a summary of those reponing frequencies for the environmei
monitoring tasks.
Weekly Monthly Quarterly Annually lntermitte
REPORTS
Least terdendangered X' X' X'
species
Endangered Species X
Act
Salt Marsh Delineation X
Other Environmentally
Sensitive Areas X
Bacterial Monitoring X X X X
Turbidity X X X
Air Quality X
Noise Emission x X X X X
Archaeological X
Paleontological x
Required between March 1 and September 15
m EATIQU~TOS LAQOON ENHANCEMENT PROJECT
8- 1
e 0
EXHIBIT C
DELIVERABLES
RATE 1
Labor Category / Yerr 1 Year2 Year3
Dinctor
-Manager
Senior Spxihst
sfaf€sp&naiist
Senior SUB
SlaffAsocratcr
Techaician
wmi l+xcsindG~~cs
Principal Biologm (Subc 1-135) w
StaEI:Biologist (Subc 1-55}
BiaIogical Technician (S& I-M) 8
8 Fadtator (Subc 1-100)
Public Relations (Subc 1-80)
SUPPIT (SU~ 1-30)
1
*
SlZ5.00 S 13 1.00 SI38.00
$95.00 s100.00 $ IO5,Oo
f90.00 s9s.00 , $99.00
ss5.00 $89.00 s94.00
s75.00 $79.00 f83.00
w.00 $63.00 s66.00
$5-0.00 $53.00 s55.00
342.00 w.00 $46.00
S144.50 $155.93 $163.72
Mo.50 $63.53 566.70
s55.00 s57.73 f60.64
f i 10.00 SI 1S.N SI2B.28
S88.00 592.40 S91.02
s33.00 $34.65 536.38
Batiquitos Lagoon Cost Estimate 0
Page 1
0 0
EXHIBIT B
METHOD OF COMPENSATION/CONSULTANT FEE SCHEDULE
The Consultant shall be compensated for services under this
agreement in accordance with the Environmental Monitoring and
Community Relations Agreement, Paragraph 6 and as provided herein.
The method of payment shall be time and materials with a not-to-
exceed amount.
Time and materials payments shall be made monthly based on the
attached rate schedules. Progress reports and invoices shall
document progress and actual time applied to the project for the
specific task. Expenses shall be itemized. All work performed by
subcontractors shall be paid on a cost plus ten percent (10%)
basis. Rate schedules may be updated annually for the consultant
and its subcontractors, if prior written approval is received from
the City. Annual rate increases shall be no greater than those
charged to other municipal agencies and in no case shall the
increases exceed 5% per year. The City shall review the invoice
and progress report and approve the invoice or state disputed
amounts. If amounts are disputed, the City shall inform the
Consultant within five( 5) working days and state reasons for
dispute. Payment shall be made for amounts not disputed. Disputed
amounts shall be paid upon resolution of the dispute.
0 0 1
CITY OF CARLSBAD COMMUNITY DEVELOPMENT
3.9 Bird Saturation Studies
In the event that bird saturation studies are requested.
estimate is provided.
A contingen
f BATIQUITOS LAGOON ENHANCEMENT PROJECT
31
CITY OF CARLSBAL e OMMUNITY DEVELOPMENT a
proposal. In the event that additional environmental documentation
required, a supplemental scope and cost estimate will be provided
the City.
3.3 Boat
Tetra Tech will acquire a shallow draft boat suitable for transporting fie
staff and visitors. Capacity will accommodate approximately fit
passengers. Personal floatation devices will also be provided.
3.4 Aerial Photographs
Upto eight aerial photographs will be flown. Negatives will be obtained ar
two (approximately) 30 x 40 inch prints provided and mounted on foal
core.
3.5 Odor
An odor monitoring program will be conducted. A contingency estimate
provided.
3.6 Beach Seine
In the event that it is determined that forage fish populations should b
monitored, fish will be collected using a beach seine. A contingenc'
estimate is provided.
3.7 Least Tern Decoys
Tetra Tech will purchase 100 decoys for use during the project.
3.8 Cultural Resources
Due to uncertainty related to cultural resources monitoring. A contingenq
estimate is provided for monitoring dredge disposal.
@I BATIQUITOS LAGOON ENHANCEMENT PROJECT
30
0 0
CITY OF CARLSBAD COMMUNITY DEVELOPMENT
3 OTHER RELATED SERVICES
The Tetra Tech Environmental Monitoring team brings a full complement 1
technical services that may be required. Although not specified in ti
Request for Proposal, we recognize that additional items may be neede
however, the scope and level of effort cannot be determined now. .
ensure the City that our team has a full understanding of the project and t
potential issues that may arise, the following supplemental tasks 2
identified.
3.1 Supplemental Permit Coordination
Key personnel are aware that certain project components may requ
permit amendments. Other changes in the project, once construction
initiated, may require new permits or modifications to existing permi
During our status meetings, we will identify any project changes
components that are not consistent with the existing permits. We
routinely advise the City if any proposed project changes have the poten
for requiring new permits. Because of the uncertainty related to the num
or extent of permit modifications, no costs have been allocated in the c
proposal. In the event that additional permits are required, a supplemer
scope and cost estimate will be provided to the City.
3.2 Supplemental Environmental Document Preparation
As with the permit coordination, there is a possibility that changes to
project may require supplemental environmental documentation. This cc
take the form of an Addendum, Initial Studies, Environmental Assessme
focused Supplemental EIRs, or EISs. The type of environmental docun
depends on the project change, level of prior analysis, and poter
environmental effects. As our role in the status meeting, we will routi
discuss any project modifications and ramifications related to the potel
for supplemental environmental documentation and the requirements.
have worked with the existing EIR/EIS and understand the level of detail
project description presented therein. This will facilitate our review
ability to make the appropriate recommendations. Because of
uncertainty related to the necessity, number, or extent of supplemc
environmental documents, no costs have been allocated in the
I
8ATlaUlTOS LAGOON ENHANCEMENT PROJECT
29
CITY OF CARLSBA d COMMUNITY DEVELOPMENT a
The development of a project-specific video is strongly recommended. It
prove to be an invaluable tool in our efforts to educate local governme
officials, business and civic leaders, environmental interest groups, and
media. In addition, the video would be a major element of the speak
bureau presentation.
Historical footage of the area could be obtained to help frame the stc
Select interviews of project proponents would be secured, highlighting ,
cross-section of suppon for the program. Footage of the current physil
configurations of the Lagoon as well as graphic renderings of the propos
"look" of the Lagoon would be included.
A video is an effective tool to reinforce the written and verbal message.
must be designed to serve as a stand-alone "story," given its potenti
distribution. Copies of the video could be made available to area librarie
public agencies, interest groups, and organizations.
As the project progresses, we will want to ensure the information in tt
video is current and highlights key aspects of the project. Initial scriptin
and production must take this into consideration to ensure a long life forth
video.
This public information program has been designed to provide the City wit
alternatives for which they can select the entire package or specifi
components. Costs are provided for certain deliverables, which will allov
the City the opportunity to assess the cost vs. benefit of our program
Costs have been developed for the following packages:
8 Community Map and Updating
Project Brochure
Bulletins
m Newsletters
8
Slide Show
Video
m Press Releases
8 Media Interface
8 Speaker's Bureau
U School Program
€%I BATIaUiTOS LAGOON ENHANCEMENT PROJECT
28
e 0
CITY OF CARLSBAD COMMUNITY DEVELOPMENT
be made available for them to use when developing overall stories regardir
“environmental enhancement.” It will be important to provide the mec’
with comprehensive information regarding the overall program. Cos1
participants, environmental facts, lagoon history, project schedules, ai
unique area benefits will be topics of interest to the media. This informatic
must be synthesized and made readily available to help ensure accuracy
the coverage of the project.
The complexity, history, and magnitude of this project are such that ai
organizations, associations, and special interest groups will want to knc
more about the project. And we want them to know. One of the fi
program components to be developed will be a master outreach list. This I
will be prioritized to include those groups that have closely followed
project as well as those groups that help to shape public opinion. A 20.
30-minute presentation will be prepared and tailored to cover a range
general interest issues. While many of these presentations will be made
the Project Facilitator and Community Liaison, project representatives fr
the City and local community make credible representatives of the Projf
Speakers will be trained and prepared in advance before any presentati
are made. It is recommended that a member of the public relations tt
accompany the speaker to each presentation. A record of appearance fc
will be completed to document any issues raised or follow-up requii
When possible, names and addresses of interested parties will be obtaii
and they will be added to our master mailing list. Information opportun
will be solicited (i.e., tours, offered, articles to include in their newsletl
etc.).
Our philosophy should be that once someone has been to a Batiqr
Lagoon project presentation, we want them to become ambassadors fo
program. Consequently, they must be well-equipped with knowledge an
kept in the “information loop.“
Outreach with area youth is a valuable educational opportunity.
attention given in schools today on environmental issues invites I
develop a class curriculum/project focusing on the Batiquitos La
Enhancement Project. Classroom presentations can be offered, home
assignments developed, and on-site field trips arranged.
BATIQUITOS LAGOON ENHANCEMENT PROJECT
27
‘CITY OF CARLS8A Ib COMMUNITY DEVELOPMEN7 0
construction schedules, project timing, beach access information, potel
traffic and noise-related news, and other bits and pieces of current
interesting facts. The bulletins would be sent quarterly, and each edl
would list the hotline number and other outreach information (i.e., locati
Qf displays, presentation dates and locations, and tour options). Additic
bulletins would be out of scope.
Maps and display models are important elements of an informa
campaign. Strategic placement of these information tools in commu
areas Le., Library, Chamber of Commerce, area shopping centers, City H
or Interpretive Center) will provide local residents and business owner
better picture of what is happening in their community and the benefits
the lagoon enhancement project.
Once a public information campaign takes shape, it may become apparc
that additional information tools are needed. Slide shows are an effecti
tool to use for presentations. They can be easily modified to follow t
program progress tailored to fit speaker/audience requirements. Again, giv
the visual nature of this project, a slide show may prove to be an excelle
addition to the communications program.
The public relations manager will work closely with the City to determine i
effective and timely program schedule for distribution of information to tl
various medias. In addition to news release distribution timed around proje
milestones regarding dredging and project phase completion, opportunitic
to “create” news will also be pursued. Specialized stories will be pitched
area environmental reporters and to targeted trade publications. Efforts n
be made to create Lagoon update stories in local papers.
Newsletter template articles wiil be made available to interested parties fc
potential inclusion in their respective publications (i.e., Sierra Club New!
Citizens Coordinate for Century Ill, Audubon News, Chamber of Commerc
publications, etc.), and communication will take place between the publi
relations manager and organization representative to capitalize on furthe
distribution of information.
Relations will be established with identified environmental and scienci
reporters to offer story ideas, special briefings, and tours. Stock footage cai
E6 BATIQUITOS LAGOON ENHANCEMENT PROJECT
26
a 0
CITY OF CARLSBAD COMMUNITY DEVELOPMENT
a variety of publics, both general and regulatory, who will w
comprehensive and frequent briefings regarding program progress. Targe
identification and recurring communications will be a key element of
public education program.
The magnitude and complexity of the program are such that unidenti
issues as well as potential opportunities will arise over the three-y
construction schedule. Technical editing, media training, coordinatior
citizen advisory panel activities, and other project specific tasks
surface. Public participation specialists are well versed in the managen
of public works/environmental communications management and
provide a range of potential program needs.
The development of a comprehensive, categorized mailing list is
important element of an effective communications program. lntere
publics, including environmental activists, area propeny owners,
business and civic leaders, involved public agency contacts, elected offi
and the media will be many of the audiences that make up the rn{
mailing list.
The master mailing list will be segmented into categories. It WI
important for our "active" list to receive frequent communications rega
the project's progress and for the project team to encourage a two
exchange of information with these community members.
Given the visual nature and aesthetic value of this project, an overall pr
brochure should be developed. Colorful and descriptive pictures \
complement the narrative describing the goals of the project. A brief h
of the Batiquitos Lagoon could be included highlighting individuals who
been instrumental in its progress.
The brochure would be part of an overall information kit that would be
available to interested audiences. Fact sheets that focus on F
specifics, graphics and project schedules would be included if
information kit. Its design would ensure an extended life.
Project newsletters or bulletins are an effective way of getting
information out to the community. These bulletins would if
8 All QUITOS LAGOON ENHANCEMENT P ROJECT
25
CITY OF CARLSEAL e OMMUNITY DEVELOPMENT 0
Community Liaison will assist team members in designing inf ormatior
materials, such as brochures, newsletters, slide shows, or ott
presentations.
The most direct communication method for the general public will be ti
community information telephone hotline. The Community Liaison w
provide the following services.
rn Establish and monitor 24-hour community informatic
telephone hotline. Specific tasks include:
- Setting up a system where calls are answered by
receptionist and referred to the Liaison during businez
hours;
Promptly monitor the answering machine and page
messages at all other times, particularly in early eveninc
hours, to provide the greatest service to the public;
Answering questions and providing general informatioi
about the project at the time of calls or within 24 hours
Referring emergency calls to an appropriate entity; anc
Maintaining a logbook of all calls.
An onsite Interpretive Center has been considered as one method of
providing community awareness and understanding of the project. A
contingency estimate has been provided to implement an interpretative
center.
-
-
-
-
2.3 Public Information Program
Public relations efforts will continue to highlight the Batiquitos story. The
environmental benefits and the sensitive, scaled back approach the City has
adopted to minimize impacts to existing avian habitat will be reinforced.
However, concentrated efforts must now focus on construction-related
information and mitigating inconveniences to the community. There will be
6ATlQUlTOS LAGOON ENHANCEMENT PROJECT @I
24
0 0
ARTICLE 5
ADC agrees:
a) To provide personnel, equipment, supplies, and othei
support material necessary to perform predator contro
activities in accordance with the scope of work and budge
plan -
b) To bill the City upon completion of the project, fo
reimbursement of the expenditures incurred by ADC i
performing the predator control work.
c) To designate to the City an authorized representative wh
shall administer activities pursuant to this Agreement.
ARTICLE 6
This Agreement is contingent upon the availability of func
appropriated by the Congress of the United States and tf
availability of funds from the City for purposes of this Agreement
ARTICLE 7
Nothing in this Agreement shall prevent any other organization c
individual from entering into separate agreements with the City fc
the purpose of predator control work.
ARTICLE 8
Pursuant to Section 22, Title 41, United States Code, no member t
or delegate to Congress shall be admitted to any share or part I
this Agreement or to any benefit to arise therefrom.
ARTICLE 9
ADC shall hold the City harmless from any liability arising frc
the negligent act or omission of a Government officer or employ
acting within the scope of his or her employment to the exte
compensation is available pursuant to the Federal Tort Claims A
(FTCA), 28 USC 2671 et. seq., except to the extent that aforesa
liability arises from the negligent act or omissions of the Cit
its employees, agents, or subcontractor(s). Such relief shall
provided pursuant to the procedures set forth in the FTCA.
0 0
ARTICLE 10
Thls Agreement shall become effective on March 1, 1994 and shal:
continue through September 30, 1996. This Agreement may be amende<
at any time by mutual agreement of the parties in writing. It ma]
be terminated by either party upon 30 days' written notice to th4 other party. Further, that in the event that the City does not foi
any reason reimburse expended funds, ADC Is relieved of th
obligations to continue any operations under this Agreement.
COOPERATOR'S Name and Address
City of Carlsbad
ATTN: Claude A. Lewis
Major
1200 Carlsbad Villaqe Dr.
Carlsbad CA 92008
Phone: (619) 4388-1161
U. S. DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
ANIMAL DAMAGE CONTROL
State Director's Name and Address
Michael V. Worthen USDA-APHIS-ADC State Director Dat
2800 Cottaqe Way, Rm W2316 Sacramento, CA 95825 Phone: (916) 978-4621 Regional Director Da
‘i 0 0
SCOPE OF WORK FOR THE
LEAST TERN & SNOWY PLOVER PREDATOR MANAGEMENT
1. The purpose of this program is to protect endangered birds fro1
predatlon at Batiquitos Lagoon and adjacent properties.
2. The management actlvlties will be performed by U.S. Departmeni of Agriculture, Animal Damage Control personnel in consultatior with Clty of Carlsbad Project Manager and environmental monitorin personnel.
3. Animal Damage Control will provide direct control of predator
and technical assistance in solving and preventing predation.
4. Direct Control activities may include, but not limited to
trapping, shooting and gas cartridges.
5. All activities will be completed according to appropriat
Federal, State and local laws and regulations.
6. Animal Damage Control will provide wildlife damage managemen
from 1 February through 31 Auqust.
7. Non-target animals will be released on site. Target animal
and non-target animals captured and deemed to be unhealthy c
diseased will be euthanized, unless otherwise specifically provide
for.
8. This scope of work can be amended by the agreement of bot
parties.
0 0 -4 , .'
BATIQUITOS LAGOON PREDATOR MANAGEMENT
BUDGET PLAN
1994
Budget plan is based on a Seven month period of time, 1
February through 31 August.
Salary 19,320.00
Benefits 1,932 -00
Vehicle charge 4,900 .OO
Equipment and supplies 1,400.00
Administrative charge 5,510.00
(includes supervision)
Budget total $33,062 .OO
7" 1 .._ --- JHrJ-Lt'-7-' ,nu VL -..,...A . 4. YYU- -. ..*- _yl
(I, a2- -
._ - .- 4 ,
BATIQUITos L,AGOON PREDATOR MANAGFX-lENT
BUDGET PLAN FOR: 1994, 3995 ANT) 1996 NESTING SEASONS-
Salary and benefits $ 69,200.00
Vehicle charges $ 17,300.00
Equipment and supplies S 5,000.00
Administrative charge $ 18,500.00
Three year project total $110,000.00
NOTE: Project total is a projected arnount and may change
slightly from year to year, based on equipnjent
availablility and cost.
0 0
ATTACHMENT NO. 3
PROPERTY APPRAISAL SUMMARIES
&
RELEVANT CORRESPONDENCE
for the
Batiquitos Lagoon Enhancement Project
.* 0 0
-
January 12, 1994
PORT OF LOS ANGELES
ATTENTION: Lisa Sales
425 South Palos Verdes Street
P. 0. Box 151
San Pedro, CA 90733-0151
Dear Lisa:
Regarding the acquisition of the four (4) parcels for the Batiquitos project, the Sammis-
Lamb property owners have accepted the offer to purchase. Our Special Counsel,
Attorney Richard Freeland of Asaro and Keagy, has advised that an escrow has been
opened for this transaction. The Port needs to issue a check in the amount of
$1 01,550.00 payable to First American Title Insurance Company referencing Escrow No.
10871 56TE. The escrow officer's name is Ms. Trish Erickson. I have enclosed copies of
the relevant correspondence.
Immediately following the Board's approval, please have a check issued in the above
amount and sent directly to our Special Counsel, Richard Freeland, at Asaro and Keagy,
3170 4th Avenue, 4th Floor, San Diego, CA 92103.
With respect to the other three (3) parcels, please have the three (3) checks made out
to the "Clerk of the Superior Court" and should be in the following amounts:
(1) $ 87,000.00 for the Murphy parcel; (2) $ 309,000.00 for the Mitsuuchi parcel; and
(3) $ 1,000.00 for the Newport Shores parcel.
These checks should also be mailed directly to Mr. Freeland at the above address. AS
the Court. We would appreciate the Port's expeditious issuance of the checks for these
property acquisitions. If you have any questions, please call me at (619) 438-1 161,
e
itm; 1 kr;.~.": .-. . , S:-c"-:c\ I,. bGiiLtc lgj thn &. ,b - ,or:dernns?icn astions recp;i;zs tidy dapsit c;f :he fur& Ic;ith >--
I/
J
Municipal Projects Manager
c: Richard Freeland, Asaro and Keagy
City Attorney
Community Development Director
Assistant Planning Director
__.__. ___.__ -- - - __ __ _. --- __ ____ - - - --
2075 Las Palmas Drive - Carlsbad, Catrfornra 92009 - (619) 438-71E
“L;.: ’LLJO- ~~=-.uLuvl-4 , 1- 1-94 ~.i~(t-i’i ,
1. 7.193 15:87 P - iic” pLu 2 I . ACrcUn I CLc‘,ur I CR
FPOk QSQRd 8 KEFIGY
FACSIMILE TRANSMISSION
DATE: Jan uarv 7,1994
TO:
Citv of Carlsbad
TELEPHONE NO 438-1 161 X 4386
FAX NO. 438-0894
FROM: ASARO & KEAGY
31 70 Fourth Avenue, Fourth FJoor San Oiego, CA 92103
By: Dick freeland
Telephone: (61 9) 297-31 70 Fax No.: (619) 299-4268
RE: Bgtaaultos laaoon
COMMENT: Attached is Deed from SarnmidLamb: dease provide me with 6n acceDtancs
certlficat e from the CiW accePtlna said Deed, and I will have it attached to the oriainal Deed. &o need a check in the amount of Slot ,550 00 pavahie to First American Title InSUI‘anC€
No, 1987!5EYE. 1 wi!! need asap,
CLIENT NO. C145 07
TOTAL PAGES, INCLUDING THIS FORM: 3
TRANSMISSION OPERATOR: Marv Anne
Unlerr othewiae lnd,cated [!IO information contained herein 1s attsr%y-privtlegoa and confidantlei informettan Intended for the UI of the indlvlduai named If the reader Of this mcssago 15 r,ct :ne IntGndQd reaiplont Or the Gm7lOy66 c‘ eg9nT te6QonWlble 10 dell\
It to the intended rec,pient y;u are notlfied tihat any disson-inatix dls[ribu;ccl 5r copying of this ~ommuncallon t8 &IC
prohibited
.I .' ' -a, I 0
I
EXHIBIT "A"
LEGAL DESCRIPTION
THE LANO REFERRED TO HEREIN IS dITUATEb IN THE STATE OF CALIFORNI
COWTY OF SAfr DIECO, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION 07 LOT 1 AND UT 4 OF SECTION 33 IN TOhVSHIP 12 SOU RANGE 4 WEST, SAN BERNARDINO MEPIDXAN, IN THE CITY OF CARL33
COUNTY OF SAN bIEG6, STATE OF CALIFOWXA, ACCORDING TO OFFICIAL P THEREOF DESCRIBED AS FOLMWS:
COmmCfNG AT THE ZNTER8ECTION OF THE WSSTERLY r(XGI4T-Ofr-WAY LINE INTERSTATE HIGHWAY FIVE PER Mb 775 AND THE NORTH-SOUTH QUAR SECTION LINE OF SAID SECTION 33, SAID QUARTER SECTION LINE ALSO BE A PORTION OF THE 6UBPXVX$fON BOUNDARY OF CARZSBAD TRACT 85-14 PER
NO. l16J.0 AB RECORDED SEPTEMBER 12, 1986 IN THE OFFICE OF THE Cot
RECORXa OF SA13 COVNTY; THMCE AMNCC SAID OIJARTER SECTION LINE SC 0'55446tf WEST 634.76 FEET TO THE TRUE POX" OF BEGINNING; THE LEAVING BAID QUARTER SECTION LINE AND SAID SUBDIVISION BOUNDARY N( 41.38'46" EAST 37.66 FEET; THWCE NORTH 32*26'50" EABT 86.70 F1 THENCE NORTH 21*24t1@" EAST 146.24 FEET; TO A POINT ON THE WEST: RIGHT-OF-WAY OF SAID HXGHWAY FIVE THENCE ALONG SAT0 RIGHT-OF.
8OVm Xa0O4~10~' EAST 80.62 FEET] THENCE BOW 31°00'56" EAST 38
FEET} THENCE LEAVING $AZO WESTERLY RIGHT-OF-WAY ALONG A PORTIOb
SAZO SUBDIVISION BOUNDARY SOVTH 33*09'a7f* WEST 613.26 FEET TO A PI ON slrm QUARTER SECTION LXNEJ THENCE ALONG .SAID LINE NoRTn 00056
nxmmxwu TIDELANDS BELOW THE ELEVATION OF THE NATURAL ORDX
HAVINO AN AREA OF 3.728 ACRES MORR OP Lma.
WE8T 679+55 FEET TO THE TRUE POINT OF BEGINNING.
'' EXCEPTING ANY POT(TION OF THE DESCRIBED PROPERTY WHICH IS OR
HIGH TIDE.
-
1 STATE OF CAL ORNlA ~ 6-LG.i- )" COWNfV OF
0- 1 on m WS.~., mdj fi LC+7Z,
I
1 ,
3 WlNITNESS my and otficlai 3BBl
4. Slgnatun LC KT *
e pmdy~uQd~~
ptlcpsnaUy known to md (or povd
to me rn $70 ~81s of catntsctocy w~dmor) to be ~e -9 whoco ~ma(p cs/Yuuh%rlbed 10 ma dlhh a W-1 md .dcnow(edgd 10 WtkN hdahaithsy ax& me WmS n ha'hh8ffihOV btwkd UPaCny(leS),
wd that by nw sqna<urer on tk. Mrumnf 'he pH
pmm$ anen. 0text.d w instrument -
m* &ma Iw m nqu~l eW
Order NO. 1087156-1 5
trcror Ro. 1087156TF
VEIS BECORDED HAIL TO:
City of Carlsbrd
C/o John J. CAhilL
Carlabad, CA 92009
&W'ii84PLnP::2 %Y. Hanagar
1-10-94 11:QZGt'l ; 619 .qzt,a- 6 1943dQ394 ; #
P. 1.1@.1??4 O:s6 - @ i XI30 ./ TELECOP I ER 70 - XSFIRO g KERGY
ASARO 6- KEAGY
ATTORNKYS AT LAW
CRANK L. ASAAO rouRTH *LOOR
RO~COL o KCAOY 3170 POURTH AVENUE
RICHARD R FACCLAND
STLVCN A MCKINLCY *AN OIL00 CALICI>RFIIP BilC,3
ARNOLO NEVE. JR TLLCPHONE I1 91 297-3870 IN *cui"
RCCC~ To TIMOTHY M OARRY TCLCCOP~ER ieca c00-426e
Janual y 1 G, 1994
Mr. John Cahill Office of City Manager
Department of Municipal Projects
2076 Las Palmas
Carlebad, CA 92009
Re: Carlsbad/Batiquitos Lagoon Enhancement Project
Dear John:
Would you please provide me with three checks to deposit with the court as a probable
amount of compensation in the condemnation actions, so that I might seek an Order for
Possession. The checks should each be made payable to "Clerk of the Superior Court" and
should be in the followlng amounts:
$ 87,000.00 for the Murphy parcel,
$ 309,000.00 for the Mitsuuchi parcel, and
$ 1,000.00 for the Newport Shores parcel.
I would appreciate it if you would call me when these checks are available, and I will make
Please feel free to call snoutu you nave any quesilons.
arrangements to pick them up.
Very truly yours,
ASARO & KEAQY 0 Richard R, Freeland
R R F/m ad
; 12-13-93 10:08RM ; e943808944 1310 519 01 BB TaT BY:CITY OF CRRLS
.I
-
December 13, IN33
PORT OF LOS ANGELES
AVENTION: Usa Sales
425 South Palos Verdes Street
P. 0. Box 161 San Pedro, CA 90733-0151
PROPERTY ACQUISITION REQUIREMENTS
BATlQUlTOS LAGOON ENHANCEMENT PROJECT
Dear Lisa:
On Tuesday evening January 4,1894, the Carlsbad City Council will conduct the notice{
public hearing for adoptlon of the Resolution of Necessity to Condemn the four (4
properties required for the Batiqultos project. Fallowing the City Council’s adoption c
this resolution, our attorneys will file the condemnation actions on the four (4) propertie:
with the local Superior Court At the time of the filings, deposits will need to be mad( with the Court in the amounts of the appraised value of each of the four (4) properties
These amounts are as follows:
Roy K. and Nancy M. Mltsuuchi $309,000
John M. Lamb and Constance S. Sammis $100,000
Barbara M. and Howard F. Murphy $ 87,000
Newport Shorn Builders $ 1,000
There will be additional minor expenses for Court costs, escrow fees In the event we
settle with one or more of the parties, and related incidental transactlon costs. These
minor costs are unknown 85 yet, however, could be handled by Carlsbad subject to
rdfflbU~Sem8nt under the terms of the existing Port-Carlsbad agreement. The City has
not budgeted funds to “front-end the acquisition costs of the four (4) parcels.
We will need to have the Port prepare checks delivered to the City of Carlsbad in the above amounts approximately the first week of January for deposit with the Court. As
the date approaches and negotiations continue with the property owners, we will nOtifY
you whether to make 03 the checks to the Court or the title company acting as the
escrow for the transadon if settlement is reached. Alternatively If it is easier for the port,
the Port may wish to make out one (1) check In the total amount above to be deposited
with the City of Carlsbad who can then issue the checks to approprlate parties at the required time. Please advise which approach Is preferred by the Port.
.__ -. --_--. -----_ -_- --
2075 Las Palmas Drtve - Carlsbad. Calitornia 92009 I (file) n2w-’ 7 ‘
1310 519 01
.94380894+ ; 12-13-93 10: 09m ; ". SU.TT BY:CITY OF WRLSB
rl
December 13,1993
Page 2
The Court deposits are required to ensure the City can take possession of the propert
prior to award of the construction bid tentatively scheduled for late February, 1994. 7 City will not award the Batiquitos construction contract without possesslon of i
properties required to build the project. If you have any questlons, please feel free to c
me directly at (61 €l) 438-1 161, extension 4386.
4'
&9bJ JOHN J. CAHILL
Municipal Projects Manager
c: City Attorney
Community Development Director
Director of Finance
Richard Freeland, Asaro and Keagy
1- 0 0
APPRAISAL REPORT
FOR
CITY OF CARLSBAD
MUNICIPAL PROJECTS
OF
THE MURPHY OWNERSHIP
PARTIAL ACQUISITION REGARDING BATIQUITOS LAGOON ENHANCEMENT PROJECT CITY OF CARLSBAD
DATE OF VALUATION
SEPTEMBER 24, 1993
DATE OF REPORT
SEPTEMBER 24, 1993
BY
LEE C. JOHNSON COMPANY
8321 LEMON AVENUE
LA MESA, CALIFORNIA 91941 (619)462-4350
FAX (619)462-2156
I FF C JOriNSON COMPANY
a a iii
8321 Lemon Avenue
La Mesa. California gig41
FAX (61 9) 462-21 56
.t
.LEE C. JOHNSON COMPANY
(619) 462-4350 EE C JOHNSON MA1 SRA
?OBERTJ PFLlMLlN SWA
?ANDYA TAGG MA1
(ENNETH A KEAGY MA1
rARY S COX MA1 SRA
OEL S JOHNSON con r ANNET Our File No 93 166-3 OHN F MILLER
LENN L GRAHAM
September 24, 1993
Mr. John J. Cahill Municipal Projects Manager 2075 Las Palmas Drive Carlsbad, CA 92009-4859
RE: Valuation of the Murphy ownership Batiquitos Lagoon Enhancement Project City of Carlsbad
Dear Mi. Cahill:
Pursuant to contract, we have completed an appraisal of property rights invoived in the above-
referenced matter, for the purpose of estimating market value of the larger Farce!. the part taken and any damages or special benefits accruing to the remainder due to the taking or construction in the manner proposed. Interest valued is fee simple.
We have made an inspection of the property, have gathered and analyzed considerable data and information having a bearing on its value. Our findinss are submitted in the report herewith. Additional information upon which these findings are based will be retained in office files and is available if you desire.
It is our opinion that market value of property rights to be acquired, subject to the assumptions
and limiting conditions as set forth within the body of this report, is as of September 34, 1993
the sum of
EIGHTY-SEVEN THOUSAND DOLLARS .......... $87,000 ..........
We would direct the readers attention specifically to Item No. 7 under limiting conditions.
We hereby certify that we have no interest in the property appraised, present or prospective.
and that our opinions are in no way contingent upon the basis of employment. We further
certify that to the best of our knowledge and belief, the statements and opinions contained in
this appraisal are correct, subject to the limiting conditions expressed herein, and that this appraisal has been made in conformity with the Rules of Professional Ethlcs and Stmdards of Professional Practice of the Appraisal Institute.
We appreciate the opportunity to be of professional service.
Respectfully submitted,
\
/ ,7 I //’ d&y i’[ ,I- ---- 2- I
Lee C Johnson. MA1 Rand) .A Thgg, MA1 j
LCJ KIT c3t
DUE TO PEOPLE LIKE YOU
WE ARE CELEBRATING OUR 3OTH ANNIVERSARY
THANK YO! !I
>, : 0 0
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
RECORD OWNER Barbara M. Murphy and Howard F. Murphy, co-trustees
400 N. La Costa Avenue, Carlsbad, CA 92009
South side of Hummingbird Road, west of El Camino
Real and along the north shore of Batiquitos Lagoon, cit of Carlsbad.
THOMAS BROS. Page 19, F-5
PROPERTY TYPE Residential subdivision acreage.
SIZE OF LARGER PARCEL
STRUCTURAL IMPROVEMENTS
ZONING/GENERAL PLAN City of Carlsbad; P-C, Planned Community. General Pi is hi, Residential Medium Density. Allows 4-8 dwelli
units per acre.
Holding for residential development, consistent with
general pian, pending improved market conditions.
$3,327,000 assuming no dedication
LO CAT1 ON
39.93-acres gross using assessor information.
Older single-family residential and out-buildings have been neither inventoried nor valued.
HIGHEST AND BEST USE
VALUE OF LARGER PARCEL
INTEREST VALUED Fee Simple
SIZE OF PORTION TO BE ACQUIRED
ESTIMATE OF $87,000
COMPENSATION
DATE OF VALUATION
2.909-acres in fee.
September 24, 1993
FILE NO. 93 166-3 (RAT)
! rrr C .:c?t~rJsc,ty cC?!c:.r!v
\I 0 e
APPRAISAL REPORT
FOR
CITY OF CARLSBAD
MUNICIPAL PROJECTS
OF
THE M!TSUUCHI OWNERSHIP
PARTIAL ACQUISITION REGARDING
BATIQUITOS LAGOON ENHANCEMENT PROJECT CITY OF CARLSBAD
DATE OF VALUATION
SEPTEMBER 24, 1993
DATE OF REPORT
SEPTEMBER 24, 1993
BY
LEE C. JOHNSON COMPANY 8321 LEMON AVENUE LA MESA, CALIFORNIA 9 194 1
FAX (6 19)462-2156
(6 19)462-4350
11-f C JOtiNSON COMPANY
8321 Lemon A&
La Mesa, California g
FAX (619) 462-
\. , e 0 '\ LEE C. JOHNSON COMPANY
(619) 462-43 EE c JOHNSON. MA). SRA
lO6ERTJ PFLIMLIN sRNA
lNOYA TAGG. MA1
,'ENNETHA XEAGY MA1
;ARY S COX MAI. SRA
rOEL S JOHNSON
XOTT T ANNETT
lOHNF MILLER
jLENNL GRAHAM Our File No. 93166-
September 24, 1993
Mr. John J. Calx11 Municipal Projects iManager 2075 Las Palmas Drive Carlsbad, CA 92009-4859
RE: Valuation of the Mitsuuchi ownership
Batiquitos Lagoon Enhancement Project City of Carlsbad
Dear Mr. Cahill:
Pursuant to contract, we have completed an appraisal of property rights invclved in the abovc referenced matter, for the purpose of estimating market value of the larger parcel, the part taken and any damages or special benefits accruing to the remainder due to the taki?g or construction in the manner proposed. Interest valued is fee simple.
We have made an inspection of the property, have gathered and analyzed considerable data and information having a bearing on its value. Our findings are submitted in the report herewith. Additional information upon which these findings are based will be retained in office files and is available if you desire.
It is our opinion that market value of property rights to be acquired, subject to the assumptio and limiting conditions as set forth within the body of this report, is as of September 24, 1?S the sum of:
THREE HUNDRED NINE THOUSAND DOLLARS .......... $309,000 ..........
We would direct the readers attention specifically to Item No. 7 under limiting conditions.
We hereby certify that we have no interest in the property appraised, present or prospective, and that our opinions are in no way contingent upon the basis of employment. We further certify that to the best of our knowledge and belief, the statements and opinions contained ii
this appraisal are correct, subject to the limiting conditions expressed herein, aqd that this
appraisal has been made in conformity with the Rules of Professional Ethics and Standards
Professional Practice of the Appraisal Institute.
We appreciate the opportunity to be of professional service.
Respectfuliy submitted,
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Rahdy A. ,T,&g, MAT,./ ,/ Lee C. ~ohns~njlC1~1 ./ //,: L CJ: KAT :c ci I.
DUE TO PEOPLE LIKE YOU
WE ARE CELEBRATING OUR 30TH ANNIVERSARY
THANK YOU!
I
1. > e 0 i.7
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SUMMARY OF SALIENT FACTS AND CONCLUSIONS
RECORD OWNER Roy I(. Mitsuuchi and Nancy M. Mitsuuchi, trustees 1120 South Figueroa Street, Santa ha, CA 92704
Westerly terminus of Arena1 Road, west of EI Camino
Real and, along the north shore of Batiquiros Lagoon, city
of Carlsbad.
THOMAS BROS. Page 19, F-5
PROPERTY TYPE
SIZE OF LARGER PARCEL
STRUCTURAL None
IMPROVEMENTS
ZONING/GENEIWL PLAN
LOCATION
Unimproved residential subdivision acreage.
About 29.54-acres gross using assessor information.
City of Carlsbad; P-C, Planned Community. General Pla is RM. Residential Medium Density. A!lows 4-8 dwellin
units per acre.
Holding for residential development, consistent with
general plan, pending improved market conditions.
$2,309,000, assuming no dedication requirement.
HIGHEST AND BEST USE
VALUE OF LARGER
PARCEL
INTEREST VALUED Fee Simple
SIZE OF PORTION
.TO BE ACQUIRED
ESTIMATE OF $309,000
COMPENSATION
DATE OF VALUATION
1 1 .S37-acres in fee.
September 24, 1993
FILE NO. 93 166-2 (RAT)
L FE C JOHNSON COMPANY
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APPRAISAL REPORT
FOR
CITY OF CARLSBAD
MUNICIPAL PROJECTS
OF
TEE SJ-MMISLAMB OWNERSHIP
PARTIAL ACQUISITION REGARDING
BATIQUITOS LAGOON ENHANCEMENT PROJECT CITY OF CARLSBAD
DATE OF VALUATION
SEPTEMBER 24, 1993
DATE OF REPORT
SEPTEMBER 24, 1993
BY
LEE C. JOHNSON COMPANY 8321 LEMON AVENUE
LA MESA, CALIFORNIA 9 194 1 (619)462-4350 FAX (619)462-2156
I €E C JOiiNSON COMI’ANY
iii
8321 Lemon Ave La Mesa, California g1<
(619) 462-435
FAX (61 9) 462-2
\, , <. > 0 0 . ' LEE C. JOHNSON COMPANY
LEE c JOHNSON. MAI SRA
ROEERTJ PFLIMLIN, SRIWA
RANDY A TAGG. MA1
KENNETHA KEAGY MA!
GARYS COY. MA1 SRA
JOEL S JOHNSON
SCOT? ? ANNET?
JOHNF MILLER
GLENN1 GRAtlAM Our File No. 93166-4
September 23, 1993
Mr. John J. Cahill Municipal Project's Manager
2075 Los Paimas Drive Carlsbad, CA 92009-4859
RE: Valuation of the SarnmisLamb ownership
Batiquitos Lagoon Enhancement Project City of Carlsbad
Dear Mr. Cahill:
Pursuant to contract, we have completed an appraisal of property rights involved in the above-
referenced matter, for the purpose of estimating market value of the larger parcel, the part
taken and any damages or special benefits accruing to the remainder due to the taking or construction in the manner proposed. Interest valued is fee simple.
We have made an inspection of the property, have gathered and analyzed considerable data
and information having a bearing on its value. Our findings are submitted in the report
herewith. Additional information upon which these findings are based will be retained in
office files and is available if you desire.
It is our opinion that market value of property rights to be acquired, subject to the assumption:
and limiting conditions as set forth within the body of this report, is as of September 24, 1993 the sum of ONE HUNDRED THOUSAND DOLLARS ........ $100,000 ....
We would direct the readers attention specifically to Item No. 7 under Limiting Conditions.
We hereby certify that we have no interest in the propem appraised, present or prospective,
and that our opinions are in no way contingent upon the basis of employment. We further
certify that to the best of our knowledge and belief, the statements and opinions contained in this appraisal are correct, subject to the limiting conditions expressed herein, and that this appraisal has been made in conformity with the Rules of Professional Ethics and Standards o Professional Practice of the Appraisal Institute.
We appreciate the opportunity to be of professional service.
Respectfully submitt d, ( / ,,,!,/
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Lee C. Johnson; MA1 LCJ: lb4T:cs.t l
Randy A. Ta,g, M4I ,!(' ,
DUE TO PEOPLE LlKE YCU
WE ARE CELEBRATING OUR 30TH ANNIVERSARY
THANK YOU1
1
iv '. I e 0
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SUiMMARY OF SALIENT FACTS AND CONCLUSIONS
RECORD OiWER John M. Lamb and Constance S. Sammis
947 North La Cienega Boulevard, Suite H Los Angeles, CA 90069
Contiguous west of Interstate 5 and north shore of
Batiquitos Lagoon, near Windrose Circle, city of Carlsbad.
LOCATION
THOMAS BROS. Page 19, C-5
PROPERTY TYPE Residential homesite.
SIZE OF LARGER PARCU
STRL'CTURAL None
IMPROVEMENTS
ZONING/GENERAL PLAN
About 5.14-acres gross, using assessor information.
City of Carlsbad; L-C, Limited Control. General Pfan is
Rii, Mediurn Density Residential.
Single-family residential homesite, pending revision of
master plan and improved market conditions.
$3 50,000 assuming no dedication requirement.
HIGHEST AND BEST USE
VALUE OF LARGER PARCEL
INTEREST VALUED Fee Simple
SIZE OF PORTION TO BE ACQUIRED
ESTIMATE OF $100,000
COMPENSATION
DATE OF VALUATION
3.728-acres in fee.
September 24, 1993
FILE NO. 93166-4 (RAT)
*
8321 Lemon AV<
La Mesa, CaJifornia g
(61 9) 462-43J
FAX (619) 462.;
<\ , '. 1 a 0 - LEE c. JOHNSON COMPANY
LEE C JOHNSON MA1 SRA
ROBERT J PFLlMLlN SRNYA
9ANOY A TAGG MA1
KENNETHA KEAGY MA1
GARYS COX MAI SRA
JOEL 5 JOHNSON
SCOTT T INYETT
JOHN6 MILLER
GLENNL GRAHAM
Our File No. 93 166-1
September 24, 1993
Mr. John J. CahilI Municipal Projects Manager
City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-4859
RE: Valuation of the Newport Shores Builders ownership
Batiquitos Lagoon Enhancement Project City of Carlsbad
Estimate of Compensation: $1,000
Date of Valuation:
Interest Valued: Fee Simple
September 24, 1993
Dear Mr. Cahill:
Pursuant to contract, we have completed a review of the above-referenced project and
ownership, for the purpose of estimating market value of property rights required. Our
findings are submitted in the following limited report format.
Scope of the Assignment
Scope of this assignment involved an on-site inspection of the subject ownership and a revieM of ail pertinent documentation and correspondence, in addition to a review of rhe proposed
project and related maps/pIans with various project consultants. We have aiso considered leg: instruction from project counsel. This project involves a partial acquisition, in fee, of a property previously encumbered or conveyed with Grant of Open Space Easement and Offer to Dedicate. A brief discussion of our findings follows.
Description of Proposed Project
The property which is the subject of this report is located along the north shore of Batiquitos
Lagoon, within the city of Carlsbad. Located in the southwest portion of the city, Batiquitos
Lagoon is an elongated shallow body of water extending about 2.5 miles inland from the
ocean. The lagoon is about 1/4 to 1/2 mile wide, with steep canyon slopes along the souther boundary and more gradual slopes along the northern boundary.
The Batiquitos Lagoon Enhancement Project is proposed as mitigation for Port of LOS Ange
land fills in San Pedro Bay, associated with the Port's 2020 Plan. Habitat values gained fro
Batiquitos enhancement will be used to offset habirat values lost as a result of land fill proje within the Los Angeles Harbor District.
uui? TO PEOPLE LIKE YOU
WE ARE CELEBRATING OUR 30TH ANNIVERSARY
THANK YOU'
* e 0 ,q*j ' ',
John J. Cahill, City of Carlsbad September 24, 1993 Page Two
In conjunction with this assignment, the appraiser has obtained and reviewed a copy of the Batiquitos project final EIWEIS, 95% Submittal Plans dated May 1993 and other pertinent documentation.
Existing Conditions
Containing about 595 acres, Batiquitos Lagoon consists of three basins, each defined by a
transportation corridor. The west basin is between Carlsbad Boulevard (ocean) and AT&SF
Railroad. The central basin covers the area between the railroad tracks and Interstate 5, while the easterly basin is the largest portion (462 acres) and extends from Interstate 5 to El Camino Real. Historically, this lagoon was a tidal body of water. Subsequent construction of the flow-restricting transportation corridors, in addition to inflow of soils within the watershed area, has contributed to the current degraded state of the lagoon. San Marcos and Encinitas Creeks are the primary contributories that flow into the lagoon from the east. There is a variable water surface area within the lagoon over time, depending upon rainfall and evaporation. Variable nature of the physical habitat in the lagoon has a direct effect on habitat values.
There are six general habitat types in the lagoon including open water, non-tidal flats (mud flats), non-tidal coastal salt marsh, brackish emergent marsh, brackish woodland and riparian woodland.
Description of Subjecl Properp
The Newport Shores Builders ownership is located in the southwest corner of El Camino Real
at Arena1 Road and, along the north shore of Batiquitos Lagoon. Land use adjacent northwest
is the +I ,400-acre Aviara Master Plan (community), approved in 1987. Conceptual land use
for this up-scale, mixed-use development includes single and multi-family housing at various
densities, golf course and resort hotel, restaurant, spons center and neighborhood shopping in addition to park and open space. Considerable development has occurred in this area over tht past few years however, current economic conditions have slowed this growth, consistent wit1 the county as a whole. The La Costa Community, including the La Costa Resort and Count9
Club, is located immediate east across El Camino Real. This neighborhood is about 10
minutes removed from the downtown commercial core area in northwest Carlsbad, and
immediately south of the industrial area around Palomar Airport. This property is designated
Open Space on the city's Comprehensive Open Space Plan.
Containing about 10.22-acres gross in one tax parcel, topography is irregular, from generally level to steeper sloping and below grade of street frontages. Elevation of the site ranges fron near sea level to about 75' MSL. Slope along the easterly, or El Camino Real frontage portion, is in excess of 25% slope. About 3 acres is wetlands as delineated on enclosed - graphics.
The property fronrs El Cmino Real and Xrenai Road, each is paved and publicly maintainec Site access IS provided from Arena1 Road. Property is located within approved Zone 6 of th:
Local Facilities blanagement Plan. Customary public utilities are available.
I f 1- C IOHNSON CO'APANY
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John J. Cahill, City of Carlsbad
September 24, I993 Page Three
A preliminary title report provided by First American Title (dated August 1993) and covering
the larger parcel was obtained and reviewed by the appraiser. A photocopy is included in the Addenda section. There are several exceptions noted regarding easements for public facilities such as roads, gas pipelines, waterhewer, drainage, slopes, telephone and electric utilities in
addition to open space. Location of various easements is noted on enclosed graphic. A drainage structure, with paved access, is located in the northwest portion of this ownership.
Current owner of record is Newport Shores Builders, Drawer A, Huntington Beach, CA
92648. The County Assessor refers to the property as AP No. 216-121-14.
In conjunction with this assignment, the appraiser has obtainedreviewed documentation pertaining to Open Space Easement and Offer to Dedicate Public Access Easement, between Newport Shores Builders and California Coastal Conservancy and other public agencies.
(attached)
Descriplioii of Proposed Project
The Batiquitos Lagoon Enhancement Project will restore tidal action to the lagoon by
construction of a short, non-navigable tidal inlet structure and by dredging the lagoon to
produce adequate sub-tidal and inter-tidal habitats to ensure flushing ad good water quality. -Additional components of the project include disposing of dredged sands onto nearby sand- depleted beaches; construction of nesting sites for California Ieast terns; replace brid, oes on
Carlsbad Boulevard and install a pedestridemergency access over the proposed tidal inlet.
Construction timeframe is about 3 years. A complete description of the project is included in
the final EIREIS.
Conclusion - Estimate of Compensation
As depicted on enclosed graphics, proposed acquisition containing 3.035-acres of wetlands
along the Batiquitos Lagoon frontage will be acquired in fee.
In addition to being designated as Open Space on the city’s Comprehensive Open Space Plan,
this property has been granted as an Open Space Easement to government agencies, in additior
to an Offer ta Dedicate Public Access Easement to the city of Carlsbad, and State of
California among others. These documents were recorded in 1986 and a copy is included in
the Addenda section of this report. According to city planning staff, this property was granted
as open space in exchange for development entitIements on a residential property located north of Arena1 Road.
Because proposed fee acquisition is entirely within areas previously and similarly encumbered,
your appraisers believe compensation for this taking to be nominal or $1,000. Severance damage or special benefits to the remainder do not apply.
We appreciate the opportunity to be of professional service.
Respectful 1 y submitted,
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Lee C. John n. hIA1 # / c /./5 /y
Randy A. Tass. Mi, PLAT: I, c J .2L 21
LEE c JOHNSON COMPANY
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ATTACHMENT NO. 4
ANTICIPATED CONTRACTUAL SERVICES AND CARLSBAD ADMINISTRATIVE
SERVICES
Reimbursement Aareement No. 1419-4
Sub-asreement No. 1
Environmental monitoring during construction with Tetra Tech, Inc. $l,999,7E
Sub-aqreement No.2
Construction support services with Moffat & Nichol Engineers $ 500,0(
Sub-aqreement No. 3
Property Acquisition $ 500,01
Total $ 600,Ol
Associated Fees $ 100,0(
Carlsbad Administrative Services
1. Staff salaries (3 years) $ 200,o
4. Travel (agency and permit meetings) $ 25.0
2. Permit Associated Fees & Services $ 150,O
3. Supplies (reproduction, mailing, etc.) $ 25,O
Total $ 400,O
AGREEMENT 1419-4 SUBTOTAL $3 , 499,7
Contingency 20% $ 699,9
REIMBURSEMENT AGREEMENT NO. 1419-4 TOTAL $4,199,7