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HomeMy WebLinkAbout1994-03-15; City Council; 12628; APPROVE AGREEMENTS FOR BATIQUITOS LAGOON ENHANCEMENT PROJECT* +Ir 4 I t 2 o 6 4 -! u z 3 8 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. 2. 3. 4. 5. 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. 9 0 I . '# A* i 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 I 'a e 0 < 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. .. 'I \ 9 0 < 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: , .' I 9 0 < 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.) 5. 6. , i I .( 1 2 3 4 5 6 7 8 9 1o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 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 , ! \I l < \. 1 2 3 4 !5 ' 7 8 9 10 11 12 I.3 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 e 0 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. 2. 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) 3. , ‘p , 0 e ( 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 ------_..L . _" 1 --*-------- .lt...CII* """~,- L v e \e -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 i e ,# w 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 $4,199,702.00. Services rendered will be for the not to exceed 2. 3. Services 4. Written 5. 6. Actual City 7. 8. The invoices of Tetra Tech, Inc., Moffatt and Nichol, Engineers and all additional Consultants retained by City as authorized by this agreement shall be forwarded mnthly to BOARD for approval and direct payment by BOARD in a tkly mer. Monthly invoice for actual CITY administrative cost, shall be paid by BOARD in a like mer. It is understood that Tetra Tech Inc., and Moffatt & Nichol Engineers shall be independent contractors of the CITY. Said invoices shall be fully documented by CITY. 9. 2 I v e \, t 10. If, in the course of this Contract and design, changes seem mited by the E"TAL MONITOR, DESIGN CONSULTANT, CITY 01 BOARD and informal consultations with the other parties indicatx that a change in the conditions of the contract is warranted, ti E"MENTAL MONITOR, DESIGN OONSULTANT, CITY, or BOARD may rquest a change in the scope of work. Such changes shall be processed by the initiating party in the follmhg mer: A letter outlining the desired changes shall be fomarded to the other two parties to inform them of the proposed changes along with a statement of estimated changes in charges or time schdul After reaching mutual agreement on the proposal, a supplemental agreement or change order shall be prepared by the CITY and approved by the Board, and Carlsbad's City Council. Ccxnpensatior for said change order shall be determined based on the fee schedules contained in the City/Consultant Agreements. In consultation with the CITY, BOARD shall have the right to terminate the work of the E"MENTAL MO;NITOR and DESIGN CONSULTANT at anyth~ for any reason as long as the BOARD reimburses the E"TAT; MONITOR, the DESIGN CONSULTANT, anc the CITY for costs incurred to date. Such termination shall be accomplished by BOARD providing CITY a written notice and CITY terminating the Agreemmt as provided in that Agreement. 11. 3 C’ /-i Budget- FY19 i)/ / / Acct&$Z-, /O Ctr. // , Y L Proj. .S-‘- r #j-//+f3 Fun s vailable, Date *i- @&;, lk f. 3 / v 90 L I CL-- I 1 0 0 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. 1 0 0 , (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 2 I e 0 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. 3 a 0 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 4 0 0 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 5 e 0 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 I e e 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. 7 0 w 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 > 0 0 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 W W 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 0 e 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 $1,000,000 combined single limit for marine liability. This insurance may be furnished by the Subconsultant using the watercraft rather than the CONSULTANT. 11 e e 28. SPECIAL INSURANCE ENDORSEMENTS The insurance endorsements attached hereto as Exhibit D - llSpecial Insurance Endorsements'*, shall be made available tc Contractors and CONSULTANTS and shall be filed with the Project Director to satisfy the insurance requirements described above. 29. PROFESSIONAL LIABILITY INSURANCE CONSULTANT certifies that it now has professional liabilit) insurance in the amount of one million dollars ($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 0 0 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 20 0 0 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 0 e 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 16 0 e 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 0 0 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 m w 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, ! .--3 / y:k e:, ?\! I(' LCL;&'--- * j &/&q ' //' i.' i 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 \\ 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 \* I 0 0 x, 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, ( / ,,,!,/ / 7 I i I I 1 <-./ '- \AL/,+ ' ': c.- \., \,LC, . '.+ f (I 4 Lk.. (.-, , 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 ', 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 ,’e” 4 0 e I, - 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, /-- 7 .c-i. .{/ LeqL Lee C. John n. hIA1 # / c /./5 /y Randy A. Tass. Mi, PLAT: I, c J .2L 21 LEE c JOHNSON COMPANY e e 4”l 6. ’I ‘*, ’. 1, 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