HomeMy WebLinkAbout1996-12-17; City Council; 13965; APPROVE AGREEMENTS FOR THE LONG-TERM MONITORING OF THE BATIQUITOS LAGOON ENHANCEMENT PROJECT.*P 3 ".?
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0 CITY OF CARLSBAD - AGENDA 0 I .LL
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AB# l?LqLs 5 u: I DEP?: AD. & APPROVE AGREEMENTS FOR THE LONG-TERM i
MTG i2" '7"76 MONITORING OF THE BATIQUITOS LAGOON 1 ClTYATTYd k.
ENHANCEMENT PROJECT 1 DEPT. PLN 1 CITY MGd I I I 1 1 RECOMMENDED ACTION:
ADOPT Resolution No qh-'/,?5APPROVlNG the following agreements relative to the Ion
monitoring for the Batiquitos Lagoon Enhancement Project:
1. An agreement with Merkel and Associates, Inc. (Consultant) to conduct the Ion
biological monitoring and pilot vegetation program at Batiquitos Lagoon.
2. A reimbursement agreement with the City of Los Angeles, acting by and thrc
Board of Harbor Commissioners to fund the work conducted by the Consulta
Carlsbad's expenses associated with the management and administration
program. 1 ITEM EXPLANATION
The construction phase of the Batiquitos Lagoon Enhancement Project will be complete
spring of 1997. The permits for the project require the City of Carlsbad to provide a long te
year) biological monitoring program. The purpose of the program is to generate information
facilitate an evaluation of the project in providing habitat for fish and wildlife. In additi
program will monitor the revegetation and pilot vegetation efforts. This monitoring progra
addition to the ongoing management and monitoring required of the California Department 1
and Game (CDFG).
Carlsbad and POLA prepared a Request for Proposals. Five proposals were received and r(
by a team that included representatives from CDFG, National Marine Fisheries, and U. S. F
Wildlife Service. Following interviews with the four finalist firms, the team selected the
Merkel and Associates, Inc.
The permits also require revegetation of wetland species (i.e., pickelweed) that was lo
consequence of the lagoon dredging and a pilot vegetation program to plant eelgrass a
they may have existed there in the past and each plant provides fish and wildlife habitat. F
firms' proposals included separate bids for the pilot vegetation program. Merkel and Ass
inc. was also selected to conduct this program.
grass. Eelgrass and cord grass were not present at the lagoon at the time of restoration, t
I
The pilot vegetation will be conducted in the spring of 1998 and will then be monitored as p;
long term monitoring program. The long term biological monitoring will occur during years 1
and 10 following completion of project construction. The data gathered as part of the pro!
be presented in quarterly and annual reports prepared during each year of monitorir
monitoring reports will contain recommendations to maximize the success of the enha
I effort. I 1 FISCAL IMPACT
The Consultant agreement stipulates a not to exceed contract amount of $ 1,694,168.0
contingency of $100,000.00. Pursuant to the reimbursement agreement that is an E
directly by POLA. Carlsbad will incur costs for the management and administration of Cor
Resolution No. 76 .- 43 5- all consultant payments for the duration of the project will
’ PAGE 2 OFAGEND d ILL NO. /3: 765 e
scope of work. It is estimated that Carlsbad’s costs will amount to approximately 5% of the
value. The reimbursement agreement stipulates a not to exceed amount of $ 89,708.00 (5‘
contract value) to be paid to Carlsbad. Every time a portion of the consultant’s contract
POLA will reimburse Carlsbad 5% of that portion. The $ 89,708.00 includes reimburser
anticipated potential out-of-state business travel for Carlsbad’s Project Director. If suc
proves to be unnecessary, Carlsbad would still receive 5% of the consultants’ contract value
EXHIBITS:
1. City Council Resolution No. h “ i.’-J 5 P /’ . ._-
2. tfb””* yd 4 (% “0 & t GAL e&&&:
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RESOLUTIONNO, 96-43>
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A
REIMBURSEMENT AGREEMENT WITH THE CITY OF LOS
ANGELES, AND APPROVING A CONSULTANT
AGREEMENT TO CONDUCT LONG TERM BIOLOGICAL
MONITORING AT BATIQUITOS LAGOON
The City Council of the City of Carlsbad, California, does hereby rt
follows:
WHEREAS, the CITY COUNCIL has previously entered into various a2
with the Board of Harbor Commissioners of the City of Los Angeles (Board) rega
Batiquitos Lagoon Enhancement Project: and
WHEREAS, City of Carlsbad is permittee for the restoration of E
Lagoon and responsible for special conditions of the Coastal Development Permit, Dt
of Army Permit and Stream Alteration Agreement which require implementation of a
monitoring program; and
WHEREAS, Board has agreed to reimburse the City of Carlsbad for the
biological monitoring required b~ said permits; and
WHEREAS, the City of Carlsbad staff in coordination with Board
various resource agencies, issued a Request for Proposals to conduct long term moni
through this process has selected a consultant to conduct long term monitoring of the 1~
WHEREAS, by this action the City Council hereby finds it necessary ' and in the public interest to award a long ternn monitoring contract for the Batiquitos P
WHEREAS, the Board has approved a reimbursement Agreement (LI
7) for long term monitoring senices and City of Carlsbad administrative costs.
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NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
Carlsbad, California as follows;
1. That the above recitations are true and correct.
2. That a reimbursement agreement with the Board of Harbor Commission<
City of Los Angeles regarding funding, and administration of the long term k
monitoring has been prepared and is hereby approved in the not-to-exceed an
$1,883,876.00 and the Mayor, upon receipt of the signed copies of the reimbursement ag
is authorized to execute said agreement. Following the City’s execution of said agree
City Clerk is directed to return five signed original copies of the agreement, to the PC
Angeles, Attention: Dr. Ralph Appy, Assistant Director of Environmental Manager
South Palos Verdes Street, PO Box 15 1, San Pedro, California 90733-015 1 > and 01
xerox copy to the Community Development Department.
3. That in accordance with Federal, State and Local laws, statutes, regula1
ordinances, the City Council hereby awards a contract t(3 Merkel and Associates, I
amount of $1,694,168.00 to conduct the long term biological monitoring. The Cit
authorizes the Mayor, upon receipt of the signed copies of the reimbursement agrt
execute said contract following the acceptance and approval by the City of the c
requirements to be provided by said company. Following the City’s executio:
agreement, the City Clerk is directed to return five signed original copies of the agreen
Port of Los Angeles, at the address provided above, and one signed xerox co
Community Development Department.
4. That in accordance with Council Policy, the City Council hereby appro’
state business travel for the City Project Director required for activities related to the
monitoring program. A11 business related travel and corresponding expenses shall be I
in accordance with existing policies and requirements, and as later amended, related
state business travel.
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* II)
PASSED AND ADOPTED at a regular meeting of the City Council of the
Carlsbad on the 17th day of December 1996, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and
NOES: None
ABSENT: None
//$(’{!/ //A. ; ,////A, /’ / c /‘ -f
CIAUDE A. LE~IS,’M&~~
ATTEST:
ALETHA L. RAU
(SEAL)
,7 -3 -
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LAHD AGREEMENT NO. 1419-7 (-
REIMBURSEMENT AGREEMENT BETWEEN
THE CITY OF CARLSBAD AND
THE CITY OF LOS ANGELES FOR
LONG TERM BIOLOGICAL MONITORING OF THE
BATIQUITOS LAGOON ENHANCEMENT PROJECT
ClGREEMENT / CITY OF 10s AN1
THIS AGREEMENT is made this /OK
1996, between the CITY OF CARLSBAD, a municipal
State of California, hereinafter referred to as
of Los Angeles acting by and through the
Commissioners hereinafter referred to as BOARD.
day of dL-"%
corporation of the
CITY, and the City
Board of Harbor
RECITALS
WHEREAS, BOARD and CITY are nearing completion of a project
identified as the enhancement of Batiquitos Lagoon (project) as
mitigation for Los Angeles Harbor fills; and
WHEREAS, BOAIiD and CITY are parties to an Agreemen-, ( "MOA")
with various- federal and state agencies which established
procedures and responsibilities for design, construction and maintenance of the Project; and
WHEREAS, CITY has during the course of Project development accepted permit conditions requiring CITY to monitor the Project;
and
WHEREAS, CITY has received proposals and is now proposing to
award a contract for the long term monitoring of the completed
project ; and
WHEREAS it is necessary for CITY and BOARD to enter into ar
Agreement to complete the MOA and fulfill the monitoring/permit
requirements; and
WHEREAS, BOARD will fund the amount necessary to monitor thc
Project and to assist City with administration of the Project
monitoring.
Now, THEREFORE, in consideration of the covenants an(
conditions, it is agreed as follows:
1. Carlsbad's Retention of Consultant. CITY will engage thc
firm of Merkel and Associates, Inc. hereinafter referred t8
as CONSULTANT to perform all the services necessary t
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complete the long term biological monitoring services for the
Batiquitos Project as described more specifically in
Agreement between CITY and CONSULTANT.
2. BOARD'S Reimbursement for CITY Costs. Unless this agreement
is first amended in writing by BOARD and CITY, the not-to-
exceed amount of this reimbursement agreement is $1,883,876 {see Exhibit 1) for i) long term biological monitoring
consultant costs incurred through CITY Contract with
CONSULTANT at a not-to-exceed $1,794,168 (Exhibit 2) and ii)
CITY administrative costs associated with this CONSULTANT'S
agreement at a not-to-exceed $89,708 (Exhibit 1). CONSULTANT
costs shall be based on the compensation provisions of the
CITY - CONSULTANT agreement (Exhibit 2). CITY shall be
compensated at a rate of five (5) percent of CONSULTANT
invoices.
Properly prepared invoices of CONSULTANT shall be forwarded
to CITY and BOARD for direct payment to CONSULTANT by BOARD
in a timely manner. Upon approval of CONSULTANT invoices,
CITY administrative costs shall be paid to CITY using the
form attached as Exhibit 3.
3. Availability of Fundinq. The Board's obligation for payment
of any contract funds beyond the current fiscal year end is
contingent upon the availability of funding from which
payment can be made. No legal liability on the part of the
Board shall arise for payment beyond June 30 of the calendar
year unless funds are made available for such performance.
4. Project Directors. Both BOARD and CITY shall appoint one (1)
Project Director each to represent BOARD and CITY to
administer the project in the following way:
a. The Project Directors shall have joint authority to
authorize and execute monitoring change orders
increasing or decreasing the contract amount in excess
not exceed the CONSULTANTS $100,000 contingency amount of Exhibit 1 to this agreement. Changes in excess of
the amounts specified in Exhibit 1 shall be approved ir
advance by CITY and BOARD. Project Directors have joint
authority to move funds between tasks specified in
Exhibit 2.B., and to approve increases and decreases tc
the contract time. CITY agrees it will not amend or
terminate the Consultant agreement without approval fron
BOARD'S Executive Director.
of $50,000 per change order as long as any increases do
b. For the purposes of this paragraph 4 and other
paragraphs of this agreement, the "joint authority" of
the parties shall be defined as the mutual obligation tc
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meet and confer in good faith with joint authorization
occurring if the parties are in agreement. In the event
that, after meeting and conferring in good faith, the
parties are unable to agree, a meeting of the City
Manager and the BOARD'S Executive Director shall be held
to resolve the item in dispute.
5. AcceDtabilitv of Consultant Work. In the event the BOARD or
CITY through their Project Directors are not satisfied with
CONSULTANT'S work then CITY Project Director shall be obliged
to meet and confer in good faith with BOARD Project Director
to correct the dissatisfaction in accordance with the "joint
authority" provisions of paragraph 4. b. Above.
6. ADDointment of Project Directors. Board's Executive Director
and the CITY'S City Manager shall each appoint a Project
Director for the Project. It is understood that the Project
Directors initially appointed are: Mr. Gary Wayne for the CITY and Dr. Ralph Appy for the BOARD. Should one or both of
the Project Directors need to be replaced over the term of
the agreement, then the new Project Director (s) must be
acceptable to both the Executive Director and City Manager.
Acceptance of the Project Director shall be by written
notification.
7. Term. The term of this reimbursement agreement is 3923 days
a. ProDrietaw Information. The work product of CONSULTAN?
retained by CITY shall be owned jointly by CITY and BOARD and shall not be released to any other party or used for any purpose by the CONSULTANT without the consent of both CITY
and BOARD Project Directors.
from the date of the last signature.
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IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first above written.
of
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Attest
ALETHA L. RAUTENKRANZ, City Cl&rk
CITY OF LOS ANGELES, by and through its Boar(
of Harbor Commissioners
APPROVED AS TO FORM:
BY )LLia - iLJJ I L/26, 1996 RONALD R. BALL, City Attorney
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/ i '~7k, 19 9 6 RA&OND'P-.'BENDER, Assistant CitqbAttorney
Budget - FY 19 qb/ 9 -7
Acct. ~B~ctr. .@Pro]. - 11 -.s"-; FU s vailable, Date *dl ?.?J->
.i7/Y ibpOF /
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LAHD REIMBURSEMENT AGREEMENT 1419-7
EXHIBIT I
CONTRACTUAL SERVICES
AND
CARLSBAD ADMINISTRATAIVE SERVICES
FOR LONG TERM MONITORING PROGRAM FOR THE
BATlQUITOS LAGOON ENHANCEMENT PROJECT
I. SUBAGREEMENT 1 - CONSULTANT SERVICES
Merkel & Associates, Inc. - Contract Ami. $ 1,694,168
Long Term Monitoring Services Contingency 3 100,000
City of Carlsbad Agmt. S 1,794,168
11. SUBAGREEMTN 2 - CARLSBAD ADMINISTRATIVE SERVICES
Staff Salaries, Supplies, Travel’ 5% of Contractual
Services J 89,708
111. SUMMARY
Contractual Services s 1,794,168
Carlsbad Administrative Services 5 89.708
Not-To-Exceed $ 1,883,876
*The reimbursement to Carlsbad for administrative services will be automatically paid
to Carlsbad as 5 percent of the contractual services invoices.
1 0 a Exhil
AGREEMENT TO CONDUCT LONG TERM
BIOLOLOGICAL MONITORING OF BATIQUITOS LAGOON
THIS AGREEMENT, made and entered into as of the day (
, 1%” by and between the CITY OF CARLSBAD, a munjcip
corporation, hereinafter referred to as “City”) and Merkel & Associate
Inc., Hereinafter referred to as “Consultant.”
RECITALS
City requires the services of Merkel and Associates, Inc., Consultal
to provide the necessary services to conduct long term monitoring
Batiquitos Lagoon and to prepare the appropriate analysis a1
documentation for this monitoring; and Consultant possesses t
necessary skills and qualifications to provide the .services required by t
City; the City has entered into a reimbursement agreement with the 602
acting by and through the Board of Harbor Commksioners (Board) in orc
to carry out the proposed long term monitoring.
NOW, THEREFORE, in consideration of these recitals and the rnut
covenants contained herein, City and Consultant agree as follows:
1. CONSULTANT’S OBLlGATlONS
The Consultant shall:
A. Conduct the necessary tasks required to carry out the I(
term biological monitoring program for the Batiquitos Lag(
Enhancement Project as identified in the scope oi work da
December 3, 1996 a copy of which is attached (Exhibit 1
Scope of Work) and incorporated by reference herein.
€3. Participate in such meetings as may be required in conjunc
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with the long term monitoring plan and which are specified iI
Exhibit A “Scope of Work.”
C. Provide assistance to City and Board in presenting th
information gathered pursuant to the scope of work i
meetings with and proceedings before the California Coast,
Commission, California Department of Transportation ar
other reguIatory/resource agencies, if City and Board dee
such assistance is necessary.
D. Provide all personal transportation and equipment during tt
course of this agreement.
E Hold harmless all land owners granting permission f
Consultant to enter and conduct the required studies
identified in the “Scope of Work” from Liabilities arising frc
the negligence of Consultant.
E Perform all functions, responsibilities, and requirements
accomplish the long term monitoring program for t
Batiquitos Lagoon Enhancement Project as specified in 1
“Scope of Work” Exhibit A herein above referred.
G Cooperate fully with any consultants retained by City or Bo
during contact term or after termination in regard to 2
aspect of contract work.
CITY OBLIGATlONS
The City shall:
A. Make available to the Consultant its records, reports, and o
documents deemed necessary to properly perform the sew
required by the City.
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E3 Review materials submitted by Consultant in a tlimely rnanne
SO that the Consultant can adhere to the time schedul,
contained in the “Scope of Work” - Exhibit A.
C. Announce and advertise meetings, with Consultant’
assistance, related to the completion of this agreement.
D. Provide a Project Director who shall act on behalf of the Ci.
in the execution of this agreement.
3. PROGRESS AND COMPLETION
The work under this contract will begin upon receipt of a “Notice
Proceed’’ by the City and be completed within 3740 days of that dat
Work to be done, milestones and submissions shall be provided
conformance with the schedule provided in Exhibit A. Extensions of tir
may be granted if requested by the Consuitant and agreed to in writing I
the Project Director. The Project Director will give allowance f
documented and substantiated unforeseeable and unavoidable delays r
caused by a lack of foresight on the part of the Consultant, or dela
caused by City inaction or other agencies’ lack of timely action.
4. FEES TO BE PAID TO CONSULTANT
The total fixed fee payable for the services to be performed shall
$1,694,168 . Consultant agrees to complete all service for this fee.
other compensation for services will be allowed except those ite
covered by supplemental agreements per Paragraph 8, “Changes in Wo’
The City reserves the right to withhold a percent retention until
project has been accepted by the City in accordance with the incremet
payment schedule provided in Exhibit B . This payment schedule is ba:
on the rate schedule provided in Exhibit C. Consultant understands ;
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the fixed fee and payment schedule of Exhibit B inciuctes all cost
associated with carrying out the work including labor, mark up c
subconsultants costs (which shall not exceed seven (7) percent), overheac
profit, any and all expenses, reimbursibles, travel, equipment, computc
time, postage, and utilities.
5. DURATION OF CONTRACT
This agreement shall extend for a period of 3740 days from da.
thereof. The contract may be extended by the Project Director for or
additional six month (6) period (I 83 days) or parts thereof, based upon
review of satisfactory performance and the City’s needs. The partit
shall prepare extensions in writing indicating effective date and length
the extended contract.
6. PAYMENT OF FEES
Payment of approved items on the invoice shall be paid in the cour
of City business following delivery of invoices to the City and 50s
provided, however, that no fees shall be paid until the invoices have be
approved by City and Board. City reserves the right to withhold quarte
payments if City determines that said submittal is incomplete or work
be carried out was not completed. Further, in accordance with Exhibit
City, will withhold a portion of annual contract payment until the ann
final report has been accepted by City and Board. Payment of any invoic
pursuant to this section shall not constitute a waiver by City of :
breach of any part of this agreement.
7. SUBMISSIONS
Consultant shalI deliver to City and Board all submittals
accordance with the schedule provided in Exhibit A.
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a. CHANGES IN WORK
If, in the course of the contract, changes seem merited by tt
Consultant or the City in consultation with the Board, and inforrr
consultations with the other party indicate that a change in the conditio
of the contract is warranted, the Consultant or the City may request
change in contract. Such changes shall be processed by the City in t
following manner: A letter outlining the required changes shall
forwarded to the City and the Board by Consultant to inform them of i
proposed changes along with a statement of estimated changes in char:
or time schedule. A Standard Amendment to Agreement shall be prepar
by the City and approved by the City according to the procedures descrit
in Carlsbad Municipal Code Section 3.28.,172 and in accordance with
reimbursement agreement between the City and Board. The Proj
Director shall have the authority to adjust the cost and term of 1
agreement within the limits of the City/Board Reimbursement Agreer
(LAHD 141 9-7) without additional City approval. Such Amendment s
not render ineffective or invalidate unaffected portions of the agreeme
9. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed
retained any company or person, other than a bona fide employee wor
for the Consultant, to solicit or secure this agreement, and
Consultant has not paid or agreed to pay any company or person, other '
a bona fide employee, any fee, commission, percentage, brokerage
gift, or any other consideration contingent upon, or resulting from,
award or making of this agreement- For breach or violation of
warranty, the City shall have the right to annul this agreement wit
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liability, or, in this discretion, to deduct from the agreement price (
consideration, or otherwise recover, the full amount of such fef
commission, percentage, brokerage fees, gift, or contingent fee.
1 0, NONDISCRIMINATION CLAUSE
The Consultant shall comply with the state and federal la\n
regarding nondiscrimination.
11. TERMINATION OR SUSPENSION OF CONTRACT
In the event of the Consultant’s failure to prosecute, deliver, I
perform the work as provided for in this contract, the City Manager m:
terminate this contract for nonperformance by noti.fying the Consultant t
certified mail of the termination of the consultant. The Consultar
thereupon, has five (5) working days to deliver said documents owned t
the City and all work in progress to the City Project Director. Th
Project Director shall make a determination of fact based upon tt
documents delivered to City of the percentage of work which tt
Consultant has performed which is usable and of worth to the City
having the contract completed. Based upon the finding as reported to tt
City Manager, the Manager shall determine the final payment of tt
contract.
This agreement may be terminated by the City upon tendering thil
(30) days written notice to Consultant. In the event of such terminatic
upon request of the City, the Consultant shall assemble the work prodl
and put same in order for proper filing and closing and deliver said prod1
to City. In the event of termination, the Consultant shall be paid for wc
performed to the termination date; however, the total shall not exceed t
lump sum fee payable under paragraph 4. The City Manager shall make t
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final determination as to the portions of tasks completed and thE
compensation to be made.
It is understood and agreed that City in consultation with Board mal
suspend work being performed under this Agreement for any reason upor
giving to Consultant 10 (ten) days notice in writing of its election tc
suspend this Agreement. Upon expiration of said ten (IO) day period
Consultant shall cease the performance of the work thereunder. City sha
be entitled to have as its property all preliminary exhibits, plans
calculation, reports, text, and other data prepared by Consultant and sha
pay Consultant, therefore, in accordance with the immediate foregoim
paragraph. Consultant shall not commence any services without writtel
approval from the City.
12. DISPUTES
If a dispute should arise regarding the performance of work unde
this agreement, the following procedure shall be used to resolve an
question of fact or interpretation not otherwise settled by agreernen
between parties. Such questions, if they become identified as a part of i
dispute among persons operating under the provisions of this contraci
shall be reduced to writing by the principal of the Consuitant or the City
Project Director. A copy of such documented dispute shall be forwardel
to both parties involved and the Board along with recommended methods c
resolution which would be of benefit to both parties. The City Projec
Director or principal receiving the letter shall reply to the letter alon
with a recommended method of resolution within ten (1 0) days. If th
resolution thus obtained is unsatisfactory to the aggrieved party, a lettc
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outlining the dispute shall be forwarded to the City Council for thei
resolution through the Office of the City Manager. The City Council ma?
then opt to consider the directed solution to the problem. In such cases
the action of the City Council shall be binding upon the parties involvec
although nothing in this procedure shall prohibit the parties seekin
remedies available to them at law.
13. CtAlMS AND LAWSUITS
The Consultant agrees that any contract claim submitted to the Cit
must be asserted as part of the contract process as set forth in thi
agreement and not in anticipation of litigation or in conjunction wit
litigation. The Consultant acknowledges that if a false claim is submitte
to the City, it may be considered fraud and the Consultant may be subjec
to criminal prosecution. The Consultant acknowledges that Caliiorni
Government Code sections 12650 et seq.. the False Claims Act, provide
for civil penalties where a person knowingly subm:its a false claim to
public entity. These provisions include false claims made with deliberat
ignorance of the false information or in reckless disregard of the truth c
falsity of information. If the City of Carlsbad seeks to recover penaltie
pursuant to the False Claims Act, it is entitled to recover its litigatio
costs, including attorney’s fees. The Consultant acknowledges that th
filing of a false claim may subject the Consultant to an administrativ
debarment proceeding wherein the Consultant may be prevented to act as
Consultant on any public work or improvement for a period of up to fiv
years. The Consultant acknowledges debarment by another jurisdiction i
grounds for the City of Carlsbad to disqualify the consultant from th
selection process. (Initial)
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The consultant acknowledges that a significant portion of the scopc
of work has been the result of interagency coordination and thereforl
consultant activities must be carried out in a manner consistent with thl
scope of work.
The provisions of Carlsbad Municipal Code sections 3.32.025
3.32.026, 3.32.027, and 3.32.028 pertaining to false claims ar
incorporated herein by reference. (Initial)
14. STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for herein iI
Consultant’s own way as an independent consultant and in pursuit c
Consultant’s independent calling, and not as an employee of the Citl
Consultant shall be under control of the City only as to the result to bl
accomplished, but shall consult with the City as provided for in th
request for proposal. The persons used by the Consultant to provid
services under this agreement shall not be considered employees of th
City for any purposes whatsoever.
The Consultant is an independent consultant of the City. Th
payment made to the Consultant pursuant to the contract shall be the fu
and complete compensation to which the Consultant is entitled. The Cit
shall not make any federal or state tax withholdings on behalf of th
Consultant or hidher employees or subconsultant. The City shall not b
required to pay any workers’ compensation insurance or unemploymer
contributions on behalf of the Consultant or hidher employees c
subcontractors. The Consultant agrees to indemnify the City and Boar
within 30 days for any tax, retirement contribution, social securit!
overtime payment, unemployment payment or workers’ compensatio
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payment which the City may be required to make on behalf of thf
Consultant or any employee or subconsultant of the Consultant for worh
done under this agreement or such indemnification amount may bt
deducted by the City from any balance owing to the Consultant.
The Consultant shall be aware of the requirements of the
Immigration Reform and Control Act of 1986 and shall comply with those
requirements, including, but not limited to, verifying the eligibility fol
employment of all agents, employees, subconsultants and Consultants tha
are included in this agreement.
15. CONFORMITY TO LEGAL REQUIREMENTS
The Consultant shall cause all work and work products to conform tc
all applicable requirements of law: federal, state and local. Consultan
shall provide all necessary supporting documents, to be filed with an)
agencies whose approval is necessary and at the request of the Projec
Director.
1 6. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and analyses a:
herein required are the joint property of the City and the Board, whethe
the work for which they are made be executed or not. In the event thi:
contract is terminated, two copies of all documents, plans
specifications, drawings, reports, studies, and analyses shalI be deliverec
forthwith to the City and to the Board in both hard copy and in electronic
format in adherence with the scope of work. Consultant shall have thc
right to make one (1) copy of the documentation for hidher records. An!
use of information collected or prepared as a result of this agreemen
shall not be published, presented or otherwise used by the Consultan
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without prior written approval of the Project Directors for City and Boar
Consultant agrees that all worWanalyses shall be carried on compatibl
nonproprietary equipment and software to facilitate use by City and Boar
17. REPRODUCTION RIGHTS
The Consultant agrees that all copyrights which arise from creatic
of the work pursuant to this contract shall be vested in City and the Boa
and hereby agrees to relinquish all claims to such copyrights in favor
City and Board.
18. HOLD HARMLESS AGREEMENT
Consultant agrees to indemnify and hold harmless the City
Carisbad and the Board and their officers, officials, employees, agents ai
volunteers from and against all claims, j damages, losses and expensl
including attorney fees arising out of the performance of the wo
described herein caused in whole or in part by any willful misconduct
negligent act or omission of the consultant, any subconsultant, anyol
directly or indirectly employed by any of them or anyone for whose ac
any of them may be liable, except where caused by the active negligenc
sole negligence, or willful misconduct of the City of Carlsbad or Boai
Consultant shall at his own expense, upon written request of the Ci
defend any such suit or action brought against the City, its office
officials, employees and volunteers. Consultant’s indemnification of C
or Board shall not be limited by any prior or subsequent declaration by t
consultant.
19. ASSIGNMENT OF CONTRACT
The Consultant shall not assign this contract or any part thereof
any monies due thereunder without the prior written consent of the C
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and Board.
2 0. SUBCONSULTING
If the Consultant shall subconsult any of the work to be performe
under this contract by the Consultant, Consultant shall be ful
responsible to the City for the acts and omissions of Consultant
subconsultant and of the persons either directly or indirectly employed t
the subconsultant, as Consultant is for the acts and omissions of persor
directly employed by Consultant. Nothing contained in this contract sh;
create any contractual relationship between any subconsultant
Consultant and the City. The Consultant shall bind every subconsulta
and every subconsultant of a subconsultant by the terms of this contr;
applicable to Consultant’s work unless specifically noted to the conk
in the subcontract in question approved in writing by the City and Boar
It is understood that the Consultant intends to engage the
subconsultants for performance of portions of the work:
- Science Applications International Corporation
- Kawasaki, Theilacka, Ueno & Associates (KTUt-A)
- Vantuna Research Group
- Wetland Research Associates, Inc.
2 1. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on bet
of the City to negotiate, make, accept, or approve, or take part
negotiating, making, accepting, or approving of this agreement, sf
become directly or indirectly interested personally in this contract or
any part thereof.
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22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, (
employee of the City, either before, during or after the execution of th
contract, shall affect of modify any of the terms or obligations here
contained nor entitle the Consultant to any additional payment whatsoev
under the terms of this contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, “Hold Harmle:
Agreement,” all terms, conditions, and provisions hereof shall inure to ar
shall bind each of the parties hereto, and each of their respective heir
executors, administrators, successors, and assigns.
24. EFFECTIVE DATE 9
This agreement shall be effective on and from the day and year fiI
written above.
25. CONFLICT OF INTEREST
The City has determined, using the guidelines of the Politic
Reform Act and the City’s conflict of interest code, that the Consulta
will not be required to file a conflict of interest statement as
requirement of this agreement. However, Consultant hereby acknowledg
that Consultant has the legal responsibility for complying with t~
Political Reform Act and nothing in this agreement releases Consult2
from this responsibility.
26. INSURANCE
The Consultant shall obtain and maintain for the duration of t
contract, and any and all amendments, insurance against claims
injuries to persons or damage to property which may arise out of or
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connection with performance of the work hereunder by the consuhant, his
agents, representatives, employees or subconsultants. Said insurancc
shall be obtained from an insurance carrier admitted and authorized to dc
business in the State of California. The insurance carrier is required tc
have a current Best’s Key Rating of not less than “A-:V” and shall mee
with City’s policy for insurance as stated in Resolution No. 91-403 an(
the insurance requirements of the Port.
A. Coveraaes and Limits.
Consultant shall maintain the types of coverages and minimum
limits indicated herein:
1. Comprehensive General Liability Insurance. One Millio
($1,000,000) per occurrence for bodily injury, person
injury and property damage and Two Million ($2,000,001
annual aggregate limit. Said insurance shall contain
defense of suits provision. Where consultant uses
operates vehicles (other than automobiles), watercr:
or aircraft, coverage shall be provided as above.
aircraft insurance is held by a third party, City and Pr
must be named as additional insureds for the date
aircraft use.
2. Automobile Liability (if the use of an automobile is
involved for contractor’s work for the City). $1,000,000 combined sing
limit per accident for bodily injury and property damage.
3. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation limits as required by the Labor Code of the St
of California and Employer’s Liability limits of $1,000,000 per accid
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for bodily injury.
4. Professional Liability. Errors and omissions liability
appropriate to the consultant's profession with limits of not less th,
$1,000,000 per claim. Coverage shall be maintained for a period of fi
years following the date of completion of the work.
8. Additional Provisions
Consultant shall ensure that the policies of insurance requirt
under this agreement contain, or are endorsed to contain, the followi
provisions:
1. The City and the Board and their officers, officii
employees, agents and volunteers shall be named as
additional insured on all policies excluding Work€
Compensation and Professional Liability.
2. The consultant shall furnish certificates of insurance
the City and the Board before commencement of work.
3. The consultant shall obtain occurrence coverage,
excluding Professional Liability which shall be written as claims-m
coverage.
4. This insurance shall be in force during the life of the
agreement and any extension thereof and shall not be canceled withoui
days prior written notice to the City and Board sent by certified mail.
5. If the consultant fails to maintain any of the insuranc
coverages required herein, then the City will have the option to de(
the consultant in breach, or may purchase replacement insurance or
the premiums that are due on existing policies in order that the reql
coverages may be maintained. The consultant is responsible for
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payments made by the City to obtain or maintain such insurance and
City may collect the same from the consultant or deduct the amount p
from any sums due the consultant under this agreement.
2 7. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written noti
01 to receive written notice on behalf of the City and on behalf of
Consultant in connection with the foregoing are as follows:
For City: Title: Asst. Director of Planning
Name: Mr. Gary Wayne
Address: 2075 Las Palmas Drive
Carisbad, CA 92009-4859
For Consultant: Title: Project Mgr./Prin. Consultant
Name: Mr. Keith Merkei
Address: 4455 Murphy Canyon Road, Suite .
San Diego, CA 92123
For the purposes of this contract it is understood that Mr. Keith Merk
the Consultant Project Manager and that this duty may not be reassi
without formal request by consultant and express written permissio
City and Board. City and Board reserve the right to disallow chant
Project Managers and reserve the right to select a qualified PI
Manager at its discretion at no additional cost to the contract.
Project Manager may be selected from consultant’s firm or a qu:
member of a subsonsultant listed herein.
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2 8. BUSINESS LICENSE
Consultant shall obtain and maintain City of Carfsbad and City of L
Angeles Business Licenses for the duration of the contract.
29, AVAlLABiLlTY OF FUNDING
The City’s obligation for payment of any contract funds beyond
current fiscal year end is contingent upon the availability of funding fr,
which payment can be made. No legal liability on the part of the City SI
arise for payment beyond June 30 of the calendar year unless funds
made available for such performance.
3 0. ENTIRE AGREEMENT
This agreement, together with any other written document rete,
to or contemplated herein, embody the entire agreement and understanc
between the parties relating to the subject matter hereof. Neither
agreement nor any provision hereof may be amended, modified, waive(
discharged except by an instrument in writing executed by the p
against which enforcement of such amendment, waiver or dischargl
sought.
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Executed by Consultant this 3 r* day of r&L ,1976 .
CONSULTANT, Merkel & Associates, CITY OF CARLSBAD, a municipal
Inc. corporation of the State of California
By: Idd By: BARBARA L. MERKEL City Manager or Mayor
President
ATTEST:
By: 7ddud KEITH W. MERKEL By: ’
ALETHA L. RAUTENKRNAZ
Vice PresidentlSecretary City Clerk
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Deputy City Attorney
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,MerkeL d dssoczares. Inc. December 3,
BATIQUITOS LAGOON LONG-TERM BIOLOGICAL
MONITORING Ai\B PILOT VEGETATTON PROGRAM
SCOPE OF' WORK
TASK 1.0 LONG TERM BIOLOGICAL MONITORING PROGUM
1.1 Vegetation 111 Wide-scale Vegetation Assessment
Vegetation Mapping
The system-wide vegetation mapping and trend analyses to be conducted within the Lagoon will use SE
tools including aerial imagery and intermediate digital rectification topography, computer-enhanced sp
analyses, ground-truthing, GIs-assisted trend analyses and change quantification. Using the proc
digital images of the false color infrared ortho-photographs taken in May-June, or alternatively, in ,4
of years 1, 2, 3, 5, and 10, vegetation in and surrounding the lagoon will be plotted.
Ground Tturhing and Map Ve~jcarion
Once maps are plotted, ground-truhg wlll be conducted by random selection of 200 proof points, a:
as focused reviews of problematic areas. In subsequent years, ground-truthing will be driven by a
GIS layer comparisons indicating changes between specual reflectance of the near dared and visible
bands. 'Again, proof points will be randomly seiected. but selection will be from the reduced fit
changed habitats. This approach will be continued for each consecutive year.
Incidentai Observarions on Habitar Slam
During the course of field trudung and transect sampling (Task 1.1.2), areas showing high levi
distxrbance, exotic species infestations, and vegetation stress, damage, or disease will be notec
monitoriag year GIS vegeration layer as ambute codes on point or polygon data. The developml
unique or high-interest vegetation (eg. the first occurrences of cordgrass, or evidence of new I
drainage patterns) will also be noted using a comparable approach.
identified using differential Globai Positioning System (dGPS). Information will be incorporated in
Habitat De-Jeiopmenr Analyses
To anaiyze habitat deveiopment trends, GIS vegeution layers will be used to iilusxate habitat changf
to calculate habitat conversions or expansions into unvegetated areas. The .M&.4 Team will include (
topography layers along with vegetation !ayers to better evaluate the role of elevation in h
development.
1.1.2 Transect Veoetation Monitoring
Sampiing Approacn
M&A will generally adopt the sampling locations and approach taken in the 1994 pre-constn
monitoring; however, the following modifications are to be made in order to increase the information
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An additional eighth monitoring station will be added along the southeastern portion
site where San Marcos and Encinitas Creeks first enter the lagoon. Soii samples will be taken along vegetation transects to determine grain size distrib
'total organic carbon (TOC) content, redox potential, and nitrate-nitrogen.
Nonce transects are randomly established along a baseline extending perpendicular
lagoon contours, they will be permanently monumented and will be re-surveyec
consecutive year. Elevations of the transects will be established by survey and sec
levels and rnonirored by the use of deeply-seated, off-set grade stakes.
EXHIBIT A
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Merkef & .Lssoc!ares. hc. December 3, 1
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Vegecatlon transects will be docunented photographically from a fured position during e,
monltormg interval.
Along with the cover, overlap cover, and species composition, canopy height will
recorded to provide information on vegetation structure.
Data Analyses and Repom‘ng
Quantitative vegetation data will be presented in both graphic and tabular layouts. Data will be evalu:
based on standard reporting and 10-year success destone requirements for picueweed. In addirion, (
will be anaiyzed for species composition as a function of elevation and soil salinity; vegetation su“
a fimction of elevadon, soil salinity, total organic carbon, and soil nitrate-nitrogen; and vegecation cc
as a function of the same physical parameters.
1.2 Fisheries Studies
Sampling Approach
The fish monitoring program will include quarterly sampling conducted in January, April, July,
October of each monitoring year. A dayinight sampling will be conducted at each quarterly monicol
I interval during the first year. Equipment utilized wiil include large seine, small seine, square enclos
beam trawl, purse seine, and omr trawi. Each type of equipmenr will be employed as required based I
water depth and sediment characteristics. Three-fold replication will be done for ail stations and 2
Sampling will occur at the five stations established in the pre-dredging moniroring program and wi:
similar in location to the distribution of stations indicated in the. present RFP. Differential GPS will be
for survey positionin,o and navigation of rrawl lines of a standard length and locations. Along witl
coIIecrion of fisheries idormation on species and individual counts, individual standard lenghs, biomass. Surricial abnormalities will be nored.
Data Analysis
Analytical treaunent of the fish data will be conducted using both parametric and non-parametric stat.
to evaluate temporal and spatia1 trends in fish communicy srructures withn the Lagoon. Statistical
which will be applied in the analyses inc!ude a one-way analysis of variance (hVOV.4) and SNK mu.
range tests. Prior to statistical testin2 for community parameters, cluster analyses will be performed I
the SXS procedure (PROC CLUSTER).
1.3 Benthic Investigations
infaunal Sampiing
Benchic invertebrates will be sampied twice a year (December-January and June-July) at each of I
stations discussed for fisheries studies. Samples will be collected intertidally between 3 and 4 fee: MI
and subtidally below -2 feet MLLW by shore staff workmg at low tide. At each station, a 6-inch (I:
core sampler will be used to extract 5 subtidal and 5 intertidal samples at randomized locations with
meters of the sampling station. X 100 gram subsample will be taken and washed through a 0.5mm
while the remainder of each sampie will be washed through 2 1.0m sieve. One additional sample u
collected from each tidal e!evation in order to conduct grain size and TOC anaiyses. Organisms fro]
samples will be identified as to major taxonomic groups. and weighed ;o determine the group compo
and total wet weight of each sample. The 100 gram subsample will be treated in the same manner.
will allow for a determination of rhe biomass and organism numbers comprised by smaller animals \
may not be directly available to fish and birds as prey items. Finally, all samples will be cataloge
preserved as separate groups in a 10% fonnalinheawater solution and transferred to 70% ethanol afee
week for long-term archival.
Epibenrhic Sampling
A quadrat sampling program will be used to characterize macro-epibenthic fauna within the same
examined for infauna. For this work, a lm’ quadrat will be randomly placed within intertidal and SL
areas and direct observacional counts of macrofauna will be made. A total of 3 to 3 quadrats u
EXHIBIT A
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Merkei h ,.lssoczures. Inc. December 3, I
"
sampled for each ridal zone by working in intertidal and shallow subtidal areas at low tide. One propc
and any associated epifauna resources, To account for hgNy mobile species, the fisheries square enclo?
will include the use of fine mesh sweep ners to capture organisms from the surface of the sediment. TI-
samples will be bagged in the field and sorted and weighed later in the laboratory.
addition to the smpiing effort involves the quantification of both macrophytes (predommateiy macro-alg
Data Analyses and Reuarn'ng
Both infaunal and epibenhc data will be analyzed using parametric and non-parametric statistics to evd
spatial and temporal trends. Sediment grain size and TOC will be examined as correlates to cornu
composition and biomass. Log transformation will be required to normalize sample variance. Pric
statistical testing for community paramecers, cluster analyses will be performed using the SAS procec (PROC CLUSTER). Hierarchical clusters will be formed using physical parameters as soning indi
Stacisticai tools to be applied include one-way ?INOVA and SNK multiple range tests.
1.4 Avian Surveys and Habitat Use
1.4.1 General (4vian Surveys
Survey Techniques and Study Areas
Surveys will be conducted in January, March, July, and October of each survey year. Surveys wi
be conducted over two consecutive days during each survey interval. Double counting will be minirr
by performing simuitaneous surveys of muitiple areas. Surveys of ail east basin blocks (Areas 2-5) w:
conducted concurrently, as wiil surveys of rhe west and centid basin blocks (Areas 6 and 7). Three,
person teams of trained field ornithoiogisw will cover the areas by conducting saruration surveys or
and from a boar. Surveys will be conducted over one-half tidal cycle (approximately 6 hours) and w
scheduled to coincide with the full range in tidal inundation levels. ,During the survey, hourly recor
tide height, as measured by a permanent staff gauge, will be made. Surveys will occur only when
wind speeds are less than 10 hots, as determined using a hand-held anemometer. Collecred dan
include species, counts, activities of birds, habitat in which the birds are occurring, and any factors \
may be iniluencing he behavior of the birds. It is understood that monitoring of California least ten
snowy plover sites and predator control associated with lagoon management will be camed out b
California Department of Fish and Game.
conducted within he 6 Lagoon study blocks of the 7 originally defined avian smdy blocks. Surveys
Data Analysis and Rqorn'ng
Parametric staxistics will be applied to analyze relationships between available habitat and avian abun
and activities by guilds of birds. Further analyses will examine seasonal abundance patterns by guil in[er-annuaj abundance. Staisticai roois will include cluster analysis, ANOVA, and standard t-Le:
single factor comparisons.
1.4.2 Beldinz's Savannah Sparrow Survevs
Surveys for the state endangered Belding's Savannah Sparrow will be performed two times each year (
the breeding season (April rhrough Juiy) for the duration of the monitoring effort. During th
monitoring year aerial photographs and previous survey methodology and results will be review1
permanent census stations will be esrablished. CDFG and other appropriate agencies and organizatio
be notified prior to survey work. Surveys will be performed by six qualified individuals on on
Collected data will include location of singing males and resting females, breeding behavior (Si
carrying food for young), presence of fledglings, and presence of potential predators. Survey res.
each year will be summarized in a report that will include a table and map documenting estimated n
and territories of breeding paris and fledglings.
1.5 Water Quality/Sediment Investigations
Water quality parameters of dissolved oxygen, temperature, turbidity, and conductivity will be sam
field data collection parameters using a multiprobe Hydrolab Datasonde IV. ChlorophylI a -
u Water Oualitv Sarnpiino,
EXHIBIT A
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Merkei LC Assocrares. lnc. December 3, I!
determined by laboratory analyses. Sampling will be done quarterly, concurrent with fisheries studies.
each of the 5 fish and benthic stations. Where water depths allow, surface, middepth and bottom condit
data will be collected. Sampling will be performed from shore and boat. Data will be summarized in tat:
and be used as independent variables in the statistical analyses as has been discussed in prior sections. B
water and sediment quality samplings will be coordinated with the CDFG monitoring program to maxim
synoptic data collection and use of data.
I. 5.2 Sediment Ouality and Character
Sediment sampling will be conducted quarterly at the location of benthic sampling stations and along
vegetation sampling transecrs at three different elevation zones. Sampling will include threefold replica1
for all field sample parameters inciuding porewater salinity, conductivity, pH, and redox potent
Sampling wdl be done on porewater extracted at 3 crn and 15 cm depth. Where soils are too dry to ext
a suitable porewater sample, salinity and pH will be determined through collection of samples and remc
to the Iaboratory to conduct anaiyses on rehydrated soils following the saturation paste methods outii
by Richards (1954). Redox data will not be artamable from excessively dried soils.
. Sediment texture and TOC will be determined on materials from the top 5cm surface sediment layer. T.
100 ml samples of sediment will be coilected at each station and will be transported on ice to the laboratc
One sample will be analyzed for TOC and kept frozen until analyses are conducted. The second sm
will be tested for grain-size distribution and stored at 4°C until tern are completed. TOC tests will
completed following standard XSTM test methods of high temperature combustion and nondisper
infrared detection of COz (ASTM 2579, EPL4 415). Grain sGe distribution will be completed by wet-s
standard merhods through an ASTM E-! 1 sieve stack in accordance with ASTM D-1140 protocols. I
will be presented as gain-size distr;,bution 3nd percent gravel, sand, silt, and clay.
1.6 GIS Spatial Data Management/Aeriai Imagery
1.6.1 Develoo MaDuinz Merhodology
Standards will be set for the GIS database, computer mapping, aerial photography, field mapping, and
input. State plane coordinates will be used along with NAD 1983 datum. Appropriate mapping and grc
control standards will be used to allow for multi-year registration of aerial images, topography, and 1
mapping notes. GIS database produc's will be used to document not only changes, but to serve as analy rools in evaluating cause and zffecr re!ationships between data. To support this goal, GIS data manager
will be inregrated into he field sampling and data collection procedures to ensure continuity in the prog
! .6.2 Collect Existin? GIS and Other Mappin: Data
Regional and sub-regional data will be reviewed from KTU -A's existing SAWAG/h4SCPIMHCP/NI
files. These files will be supplemented with CAD files from the City of Carlsbad. They will als
integrated with digital map data collected from the Port of Los Angeles, as well as with physical and a
data provided by CDFG. Other existing data sources will be identified and a method to integrate them
the project database will be deveioped.
163 DrawindCoverage Preparation
Sample plots of base map information will be used to verify the project limits and provide more prc
boundaries for future flights. The initial aerial flight will produce base map dormation in addition t
digital orthophoto. Data layers will be organized and a GIS layering scheme will be developed. A mc
for identifying concents. source and mapping standards will be developed for the data layers; these file,
be used in registration. Errors will be analyzed and nored for future ground truthing. Once
construction "as built'' data files are made available, they will also be integrated with the other GIS la
EXHIBIT A
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Merkei Ji Associafes. inc. December 3, I
1.6.4 Digital Orthoropo$raphv
C!ose attention will be given 10 setting flight schedules including time of year, tidal position, solar a
and weather condirions. Survey crews wiil be used to set several ground control points to serve as the i.
for multi-year photogrammetric producrs. Subsequent checking of these ground points will occur be
each monitoring year flight. Aerials will be taken using false color hared negatives using a Zeiss R
Top camera with digital interface and Forward Motion Compensation. Flights will require two fl
tracks with 60% forward overlap and 30% side lap needed to provide adequate stereo pairs. These
altirude shots will be raken at a scale of 1" = 400'. An overall spot shot will be taken of the entire lag
and its immediate environs.
Phorography will be aeromanpiated using ground control and placed on NAD 83 CA State Plan Zc
photogrammetric methods. For the initial year, a more detailed DEM will be used and
photogrammetric base mapping will be provided. The MLLW tide line will also be digitized. The orij
aerial film will be scanned at 12.5 micron in 24 bit 3 band color. Ten orthophoto images will be r
using the aerial photography scans, DEUS and the aeroman,dation orientation elements. Images wi
. tiled in 2,500' by 3,000' tiles and processed a TIFF images. The rectified ortho-photo image wi
processed for maximum accentuation of wetland vegetation and subtidal water penetration. The initial
image will be processed, and wirh the help of field biologists, sample vegetation spectral signatures wi
identified to help with unattended rastor classification. The system will be adjusted based on
verification unnl a hlgh level of accuracy can be obrained. The trained model will be used as the basi
future image classification and change detection eiforts. '
and NGVD 29. A Digiral Elevation Model (DEW of the projecr area w;ll be produced using direct st
1 .6.5 GIS Darabase Development
KTU f X will integrate previous data and mapping efforts and will work with the client and other 7
members to specify a common and defensible baseline. Remaining efforts on database development inc
the inputting, digitizing, and 1inkm.g data from the biological monitoring results. Data on bathym sedimentarion, and tides provided bv CDFG will also be inpu~. W tabular field data will be connected
spacial data points and poiygons in the GIS coverage.
The classified data resulting from spectral analysis will be used as a basis for vegetation bour
adjustmenu. Tracing and adjusting poiygon edges will be completed at this stage. A composite vegec
map will be produced and verified by the fieid bioiogists. A quantitative summary of these habitat:
be produced. Subsequent mapping ?fforrs wlli rely on corrected digirai orthophoto images, processe
spectral classification and highlighted with changes resulting from the previous years for compariso
proof plot indicating probable chanses wiil then be used in the field to verify or CO~I"2Ct the autor
classification and change detection system. The mud extent of native and non-native habitats w
summarized and the Pilot Revegetation ueas will be noted and compared with subsequent imagery
1.6.6 GIS Xuulication Develoument
Beyond the deliverables of ArcInio files, an effort wilI be included that will convert all UNIX Ar
coverage into DOS/Windows NT based Arcview files. These files will include legend development,
layers, and attribute descriptions. The data use requirements will be identified by reviewing the con
hardware, software, and training leveis of both the Ciry of Carlsbad and the Port of Los Angeles. A uploads of the data 111 .Arcview and XrcM-0 formars will be accomplished. A training manual desc
the contents, sources, and uses of rhe database will also be delivered at the end of the fxst monitoring
EXHIBIT A
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Merkel & Associates, lnc. December 3. I!
TASK 2.0 PILOT VEGETATION PROGWT
2.1 Eelgrass Restoration
Receiver site selection will take into consideration, elevation, current regime, sedimenr consistency stability, turbidity, and available light. The selection process wiil also include considerarion of proxir
of donor beds to planting sites, donor bed density and health, and recovery potential. h addition tO
suitability factors, the seiection of pianting sites will include consideration of prevaihg currents and u
patterns in order to maximize the potential for planted eelgrass to colonize new areas. Ar the present ri
it is anticipated that eelgrass will primarily be harvested from Agua Hedionda Lagoon and Ocean
Harbor. Another possible harvest area is Mission Bay. Based on approved harvesring and plan
programs, M&A will obtain a letter of permission from CDFG to harvest eelgrass from salvage site:
211 Restoration Area and Donor Site Selection
2.1.2 Transplant Program
A total transplant of 1.0 acre distributed over 10 different sites, each approximately 0.1 acre in size
be conducted. In order to allow [he for the system to stabilize with the restored tidal conditions,
’ planting of eelgrass would be delayed until early in the second year (March-April 1998).
2.1.3 TransDlant Monitoring
Transplant areas will be mapped using GIS and staked in the field wirh deeply set PVC pipe. GPS posil
wiIl be taken for transulanc corner points. The transplant areas will be reviewed 3 and 6 months :
planting to determine the qualitative condition of the planrings. Quantitarive monitoring will be condr
mrion densities within the transplant plocs and will also include transect-based assessments of eet:
coverage.
2.2 C ordgrass Restoration
at 12. 36, and 60 months post pianrug (years 3, 5, and 10). This rnonitonng will include a review 0
3.3.1 Restoration and Donor Site Selection
Cordgrass will be collected from as many sires in the region as is practical. Key among the donor ~
will be Agua Hedionda Lagoon, Los Penasquitos Lagoon, the San Diego River Channei, and San Die
Lagoon.
2.3.3_ Transulant Prosram
A totai transplant of 1 .O acre distnbured over 30 different sites, each approximately 0.05 acres in sizc
be conducted. Ail transpiant sites will be mapped using dGPS and GIs. Planting of cordgrass w
delayed until eariy in the second year (March-April 1998) in order to aUow the system rime to stabi
2.3.3 Transulant Monitoring
Concurrent with the eelgrass monitoring effort, the cordgrass transplant areas will be reviewed 3
months after planting to determine the qualitative condition of the plantmgs. Quantitarive monitorm
be conducted at 12, 36, and 60 months post-planting (years 3, 5, and 10).
TASK 3.0 CONSTRUCTION REVEGETATION PROGRA_il
3.1 Pickleweed Revegetation Monitoring
Because of the need to conduct establishment monitoring of the new planting effon in accordanc:
construction specifications, a one-time focused review will be conducted and the success of the piantin
respect to the construction contract survival criteria will be determined.
EXHIBIT A
a 0
Merkel & Associares, Inc. December 3.
3.2 Establishment Monitoring Report
A monitoring report will be prepared separately from ihe long-term monitoring repom and wil completed at rhe end of 1997. The report will be submitted to the City/Port Project Duecror(s) to eval
contractor compliance with construction specifications and to document completion of rhe requiremenc
site construcrion as required by the California Coastal Commission.
TASK 4.0 REPORTING PROGUM
4.1 Quarterly Reports
Interim quarterly reports will be prepared in each monitoring year and submitted to the CityFort Pr
Director(s) in early April, July, October, and late December of each calendar monitoring year. Sec
that penain to smdy methods and results will be organized by resource (i.e. vegetation, fisheries. f
Statistical analyses will not be included in quarterly reports, but will be included in annual re1
Quarterly reports will follow the outline below:
Summary Executive Summary of the information included in the report, emphz
important data
Purpose and Goals of Quarrer)
Section 2.0 Study Methods (2.1 - Surveys and Work Conducted, 2.2 - Survey Scheduie,
Study Merhods, 2.3 - Limirations br Compiications Encountered)
Section 3.0 Results and .Analyses (3.1 - Results of Investigations, 3.2 - Analyses Condl
3.3 - Anaiyses Deferred Until Annual Reports (temporal or muIti-period))
Section 4.0 Conclusions and Recommendations (4.1 - Preliminary Conclusions,
Success/lvliiestone Evaluations, 4.3 - Recommendations)
Section 5.0 Status of Monitoring Program (5.1 - Compliance with Schedules and S
Requirements. 5.2 - Deviations from Study or Analysis Pro,w, 5.3 - Upc~
Scheduled Monitoring, Reporting, and Meeting Events)
Section 1.0 Introduction (1.1 - Project Background, 1.2 - Reglatory Requiremenrs,
Section 6.0 Raw Data Appendices
4.2 Annual Reports u Draft Repon. Preparation
An annual report will be prepared a[ he conclusion of each monitoring year. This report wilI seF stand-alone document and will provide details on survey methods, resuits, analyses and tests cond
conclusions, and recommendations made duhg &e course of the rno&torhg year. A to& of Seven
copies of this draft report will be submitted to the City/Port for review and comment.
4.2.3 Final Annual Reports
The final annual report will be prepared following receipt of comments from the Projecr Director(s
executive summary for each annual report will provide a comprehensive summary of study methc
results, as well as progress of the program and recommendations made during the year; this summ~
serve as a smd alone document. Twenty-five copies of the frnal annual report for each monitorir
will be submitted to the Projecr Director(s) along with a camera-ready, unbound original and digil
in WordPerfect or MS Word and Excel file formats. GIS digital data fiIes wiII be provided on high
tapes or other suitable media.
EXHIBIT A
e 0
Mrrkel L Associates. Inc. December 3. I!
TASK 5.0 MEETINGS hW PROJECT COORDINATION
5.1 Annual Interagency Meeting
Early in the first quarter of each monitoring year M&A will conduct an interagency meeting. The f
meeting will be conducted in early 1997 and will outline the proposed monitoring program. Subsequ
meetings will be held in years 2, 3, 5, and 10 to discuss monitoring results and to discuss the upcom
monitoring year.
5.2 As-requested Meetings
521 Public MeetinTs
M&A will provide the necessary exhibits, administrative support, and techcal staff to assist in SI
meetings. It has been assumed for the purposes of project budgeting that one public meeting per monitor year (I, 2, 3, 5, and IO) will be held and &a[ it will follow the annual interagency meeting.
5.2.3, As-Needed Meetings or Services
. This task establishes a floating meeting and services account to be drawn upon as-needed by wril
authorization of the CityPort Project Director(s). This task is not a specifically scheduled task and will
billed only if time or resources are acrually authorized and expended.
TASK 6.0 HABITAT VALUATION ASSESS~~ENT
6.1 Program Refinement and Calibration
Prior to conducting habitat valuation assessments, a focused workshop will be held with resource agenc
the Port, and City to discuss the attributes of the valuation model and how data are input managed
evaluated by the BETTER model. During the thd quarter of the second year of the present study,
worhg in concert with the CityPort Project Director(s) and resource agencies, data sets will be selec
for comparison and comparable data sers will be assembled from the sxisring mformation and the pre:
study.
6.2 Data Compilation and Formatting
From the selected data sets, information will be appropriateiy organized for input into the BETTER mc
using Excel and Paradox software.
6.3 Data Analyses and Model Runs
The BETTER model will be run to make rhe comparisons of habitat values for Los Angeies Outer Hart
pre-enhancement Batiquitos Lagoon, and the ?-year post-enhancement conditions. In years 5 and 10,
model will be au,mented with new data to examine changes in values with increased establishment t
6.4 Report Preparation and hesentation
Information from the habitat vaiuacion program will be prepared and provided in a separate report from
long-term monitoring program. This report will be prepared in draft and final versions and wil.
internally reviewed for clarity, techcd accuracy, and presentation quality prior to being released. A 1
of seven review copies of the draft report will be submitted to the City/Port for review and corn
Twenty-five copies of the final annual report for each monitoring year will be submitted to the Prc
Director(s).
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EtiTE SHEET EXHI
LONGTERM BIOLOGICAL M0NITORI;NG AiW
PEOT REVEGETATION PROGWl FOR THE
BATXQUTTOS LAGOON ENHKYCE”X’ PROJECT
Yr. 1 Yr. 2 Yr. 3 Yr. 5 Yr. 10
Merkel & Associates
Merkel, K. $ 105.00 $ 107,21 5
Mayer, D. $ 65.00 $ 66.37 $
Reiser, C. $ 65.00 $ 66.37 $
Ince, K. $ 65.00 $ 66.37 $
Cull. K. $ 60.00 $ 61.26 $
Hamilton, P. $ 52.00 $ 53.09 $
Hanson, H. $ 52.00 $ 53.09 $
. Beard, H. $ 42.00 $ 42.88 $
Spiezleberg, M. $ 42.00 $ 42.88 $
Woodfield, R. $ 42.00 $ 42.88 $
Bio. Techician $ 35.00 $ 35.74 $
Graphics Technician S 42.00 $ 42.88 $
Word Processing 5 35.00 S 35.74 S
Revegetation Crew $ 28.00 $ 28.59 5
Lunz, J. 5 105.00 $ 107.21 5
Lissner, A. 5 93.39 $ 97.83 $
Mullen, T. $ 55-04 S 56.63 $
Heilprin, D. 3 48.97 $ 51.29 $
Stephens, J. $ 108.14 S 111.38 $
Bond, A. $ 72.90 $ 75.09 S
Morris, P. $ 36.45 $ 37.54 $
Singleton, M. $ 75.00 $ 76.58 $
Carpenter, M. $ 50.00 $ 51.05 $
Keane, K. $ 55.00 S 56.16 S
Barer, R. $ 50.00 $ 51.05 $
Campbell, K. $ 45.00 $ 45.95 $
Hamilton, R. $ 45.00 $ 45.95 $
Coleman, V. $ 45.00 $ 45.95 $
Josselyn. M. $ 155.00 $ 158.26 $
Whelchel, A. $ 57.75 $ 58.96 $
SliIC
Vantuna
KTu+ A
Keane Biological Consulting
Wetlands Research Associates
109,46 $
67.76 $
67.76 $
67.76 $
62.55 $
54.21 S
54.21 $
43.78 $
43.78 $
43.78 $
36.49 $
43.78 $
36.49 $
29.19 $
109.46 $
99.52 $
57.58 $
52.18 $
114.72 $
77.34 $
38.67 $
78.18 $
52.12 $
51.33 $
52.12 $
46.91 $
46.91 $
46.91 $
161.58 $
60.20 $
114,10 $ 126.6
70.63 $ 78.3
70.63 $ 78.3
70.63 $ 78.3
65.20 $ 72.3
56.51 $ 62.7
56.51 $ 62.7
45.64 $ 50.t
45.64 $ 50.(
45.64 $ 50.t
38.03 $ 42.:
45.64 $ 50.t
38.03 S 42.:
30.43 $ 33.’
114.10 $ 126.‘
103.39 $ 113.
59.83 $ 65.
54.20 $ 59.
121.71 S 141.
52.05 $ 95.
41.02 $ 47.
81.50 $ 90
54.33 $ 60.
59.77 S 66
54.33 $ 60
48.90 $ 54
48.90 $ 54
48.90 5 55
168.44 S 186
62.76 $ 6s
e Exh:
of Carlsbac
Dr. Ralph G. Appy
Port of Los Angeles
425 S. Palos Verdes Street
P.O. Box 151
San Pedro, CA 90733-0151
Subject: Payment of Carlsbad Administrataive Services
(LAHD Agmt. No. 141 9-7)
. tn accordance with MHO Reimbursement Agreement No. 141 9-7 between the City c
Los Angeles and the City of Carlsbad, we are submitting this invoice to cover Carlsbac
administrative services for the reporting period identified below.
Payment Calculation
Merkel & Associates Inc. (Carisbad Aareement z
Invoice No.
Reporting Period
Amount Approved
Carlsbad Administrative Costs
Amount of Consultant Invoice (Merkel)
Administrative Cost (62 5% of Invoice)
Due and Payable to Carisbad
I certify under penalty of perjury that this statement is true and correct according to th
terms of LAHD Agreement No. 1419-7 and that payment therefore has not bee
received.
Gary Wayne
Assistant Director of Planning
Carisbad Project Director, Batiquitos Enhancement Project
~ ~ ~~~~~~ ~ ~
~ ~~~- - -.I-:..”. - “”c\ .ICCI - ,can\ n?q-+?l
0 u
WORLDPOR:
Richard J. Riordan, Mayor, Cify
Board of Harbor Cornmissionerr
Leland Wong, Presidenl
Carol Rowen, Vice President
Frank Sanchez, Ph.D.
Jonathan Y. Thomas
John M. Wilson
December 20, 1996 Ezunial Bulls EKecufive Uirector
Mr. Gary Wayne, Assistant Director of Planning
City of Carlsbad
2075 Las Palmas Drive Carlsbad, CA 92009-4859
Dear Gary:
SUBJECT: BATIQUITOS LAGOON LONG TERM MONITORING PROGRAM REIMBURSEMENT AGREEMENT.
Enclosed for your processing are six wet copies of Reimbursement Agreement 14 19-7 between tl City of Los Angeles and the City of Carlsbad to conduct long term monitoring at Batiquitc Lagoon.
Please return five executedwet copies of the Reimbursement Agreement for our files.
We would also like to receive five executedwet copies of the contract between the City of Carlsb, and Merkel and Associates.
If you haLve any questions please do not hesitate to call me at (3 10) 732-3497.
Sincerely, 62s
RALPH d APPY, PLD.
Assistant Director of Environmental Management
Environmental Coordinator, 2020 Program
RGA ADP870324-034 12/31/96 Five original agree
Port of Los Angeles and Mer
were sent to Kris Ryge w/or
of this letter.
L&$jJL ;'3
_I
for/ olLos Angeles 425 So. &/os Verdes Street P.O. Box I51 San Pedro, CA 90733-0151 TeVTDD (310) SEA-PORT infernel- http.//w.wor(di
An Affirmalive Aclion / Equal Opporfunify Employer
e e
4 AGREEMENT TO CONDUCT LONG TERM
BIOLOLOGICAL MONITORING OF BATlQUlTOS LAGOON
THIS AGREEMENT, made and entered into as of the 26th da
DECEMBER , 1996, by and between the CITY OF CARLSBAD, a munic
corporation, hereinafter referred to as “City”, and Merkel & Associc
Inc., Hereinafter referred to as LLConsultant.”
RECITALS
City requires the services of Merkel and Associates, Inc., Consul
to provide the necessary services to conduct long term monitorin!
Batiquitos Lagoon and to prepare the appropriate analysis
documentation for this monitoring; and Consultant possesses
necessary skills and qualifications to provide the services required by
City; the City has entered into a reimbursement agreement with the 61
acting by and through the Board of Harbor Commissioners (Board) in c
to carry out the proposed long term monitoring.
NOW, THEREFORE, in consideration of these recitals and the mI
covenants contained herein, City and Consultant agree as follows:
1. CONSULTANT’S OBLIGATIONS
The Consultant shall:
A. Conduct the necessary tasks required to carry out the
term biological monitoring program for the Batiquitos La<
Enhancement Project as identified in the scope of work d
December 3, 1996 a copy of which is attached (Exhibit
Scope of Work) and incorporated by reference herein.
8. Participate in such meetings as may be required in conjun
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with the long term monitoring plan and which are specifiec
Exhibit A “Scope of Work.”
C. Provide assistance to City and Board in presenting
information gathered pursuant to the scope of work
meetings with and proceedings before the California Co:
Commission, California Department of Transportation
other regulatory/resource agencies, if City and Board dm
such assistance is necessary.
D. Provide all personal transportation and equipment during
course of this agreement.
E Hold harmless all land owners granting permission
Consultant to enter and conduct the required studies
identified in the “Scope of Work” from Liabilities arising
the negligence of Consultant.
F. Perform all functions, responsibilities, and requirement:
accomplish the long term monitoring program for
Batiquitos Lagoon Enhancement Project as specified in
“Scope of Work” Exhibit A herein above referred.
G Cooperate fully with any consultants retained by City or B
during contact term or after termination in regard to
aspect of contract work.
2. CITY OBLIGATIONS
The City shall:
A. Make available to the Consultant its records, reports, and 1
documents deemed necessary to properly perform the ser
required by the City.
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B Review materials submitted by Consultant in a timely ma
so that the Consultant can adhere to the time sche
contained in the “Scope of Work - Exhibit A.
C. Announce and advertise meetings, with Consult;
assistance, related to the completion of this agreement.
D. Provide a Project Director who shall act on behalf of the
in the execution of this agreement.
3. PROGRESS AND COMPLETION
The work under this contract will begin upon receipt of a “Notic
Proceed” by the City and be completed within 3740 days of that (
Work to be done, milestones and submissions shall be provide1
conformance with the schedule provided in Exhibit A. Extensions of
may be granted if requested by the Consultant and agreed to in writin!
the Project Director. The Project Director will give allowance
documented and substantiated unforeseeable and unavoidable delays
caused by a lack of foresight on the part of the Consultant, or dc
caused by City inaction or other agencies’ lack of timely action.
4. FEES TO BE PAID TO CONSULTANT
The total fixed fee payable for the services to be performed sha
$1,694,168 . Consultant agrees to complete all service for this fee.
other compensation for services will be allowed except those i
covered by supplemental agreements per Paragraph 8, “Changes in VL
The City reserves the right to withhold a percent retention until
project has been accepted by the City in accordance with the increml
payment schedule provided in Exhibit B . This payment schedule is b
on the rate schedule provided in Exhibit C. Consultant understands
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'the fixed fee and payment schedule of Exhibit B includes all (
associated with carrying out the work including labor, mark u
subconsultants costs (which shall not exceed seven (7) percent), overt
profit, any and all expenses, reimbursibles, travel, equipment, corn
time, postage, and utilities.
5. DURATION OF CONTRACT
This agreement shall extend for a period of 3740 days from
thereof. The contract may be extended by the Project Director for
additional six month (6) period (183 days) or parts thereof, based u~
review of satisfactory performance and the City's needs. The p:
shall prepare extensions in writing indicating effective date and leng
the extended contract.
6. PAYMENT OF FEES
Payment of approved items on the invoice shall be paid in the cc
of City business following delivery of invoices to the City and E
provided, however, that no fees shall be paid until the invoices have
approved by City and Board. City reserves the right to withhold quz
payments if City determines that said submittal is incomplete or wc
be carried out was not completed. Further, in accordance with Exhl
City, will withhold a portion of annual contract payment until the a
final report has been accepted by City and Board. Payment of any inv
pursuant to this section shall not constitute a waiver by City of
breach of any part of this agreement.
7. SUBMISSIONS
Consultant shall deliver to City and Board all submittal
accordance with the schedule provided in Exhibit A.
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8. CHANGES IN WORK
If, in the course of the contract, changes seem merited by
Consultant or the City in consultation with the Board, and info
consultations with the other party indicate that a change in the condi,
of the contract is warranted, the Consultant or the City may reque
change in contract. Such changes shall be processed by the City in
following manner: A letter outlining the required changes shall
forwarded to the City and the Board by Consultant to inform them of
proposed changes along with a statement of estimated changes in cha
or time schedule. A Standard Amendment to Agreement shall be prep
by the City and approved by the City according to the procedures descl
in Carlsbad Municipal Code Section 3.28.172 and in accordance with
reimbursement agreement between the City and Board. The Prl
Director shall have the authority to adjust the cost and term of
agreement within the limits of the City/Board Reimbursement Agree1
(LAHD 141 9-7) without additional City approval. Such Amendment
not render ineffective or inyalidate unaffected portions of the agreem
9. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employec
retained any company or person, other than a bona fide employee wo
for the Consultant, to solicit or secure this agreement, and
Consultant has not paid or agreed to pay any company or person, other
a bona fide employee, any fee, commission, percentage, brokerage
gift, or any other consideration contingent upon, or resulting from,
award or making of this agreement. For breach or violation of
warranty, the City shall have the right to annul this agreement wi'
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liability, or, in this discretion, to deduct from the agreement price
consideration, or otherwise recover, the full amount of such '
commission, percentage, brokerage fees, gift, or contingent fee.
1 0. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the state and federal I,
regarding nondiscrimination.
11. TERMINATION OR SUSPENSION OF CONTRACT
In the event of the Consultant's failure to prosecute, deliver
perform the work as provided for in this contract, the City Manager
terminate this contract for nonperformance by notifying the Consultan
certified mail of the termination of the consultant. The Consuli
thereupon, has five (5) working days to deliver said documents ownec
the City and all work in progress to the City Project Director.
Project Director shall make a determination of fact based upon
documents delivered to City of the percentage of work which
Consultant has performed which is usable and of worth to the Cii
having the contract completed. Based upon the finding as reported tc
City Manager, the Manager shall determine the final payment of
contract.
This agreement may be terminated by the City upon tendering
(30) days written notice to Consultant. In the event of such termin;
upon request of the City, the Consultant shall assemble the work prt
and put same in order for proper filing and closing and deliver said prc
to City. In the event of termination, the Consultant shall be paid for
performed to the termination date; however, the total shall not exceec
lump sum fee payable under paragraph 4. The City Manager shall mak
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-I final determination as to the portions of tasks completed and
compensation to be made.
It is understood and agreed that City in consultation with Board I
suspend work being performed under this Agreement for any reason u
giving to Consultant 10 (ten) days notice in writing of its electior
suspend this Agreement. Upon expiration of said ten (10) day per
Consultant shall cease the performance of the work thereunder. City :
be entitled to have as its property all preliminary exhibits, pl
calculation, reports, text, and other data prepared by Consultant and :
pay Consultant, therefore, in accordance with the immediate foreg
paragraph. Consultant shall not commence any services without wr
approval from the City.
1 2. DISPUTES
If a dispute should arise regarding the performance of work u
this agreement, the following procedure shall be used to resolve
question of fact or interpretation not otherwise settled by agreer
between parties. Such questions, if they become identified as a part
dispute among persons operating under the provisions of this cont
shall be reduced to writing by the principal of the Consultant or the
Project Director. A copy of such documented dispute shall be forwa
to both parties involved and the Board along with recommended methoc
resolution which would be of benefit to both parties. The City Pr
Director or principal receiving the letter shall reply to the letter :
with a recommended method of resolution within ten (IO) days. I
resolution thus obtained is unsatisfactory to the aggrieved party, a
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outlining the dispute shall be forwarded to the City Council for t
resolution through the Office of the City Manager. The City Council I
then opt to consider the directed solution to the problem. In such ca
the action of the City Council shall be binding upon the parties invol,
although nothing in this procedure shall prohibit the parties see
remedies available to them at law.
13. CLAIMS AND LAWSUITS
The Consultant agrees that any contract claim submitted to the
must be asserted as part of the contract process as set forth in
agreement and not in anticipation of litigation or in conjunction
litigation. The Consultant acknowledges that if a false claim is subm
to the City, it may be considered fraud and the Consultant may be SUI
to criminal prosecution. The Consultant acknowledges that Califc
Government Code sections 12650 et seq., the False Claims Act, proc
for civil penalties where a person knowingly submits a false claim
public entity. These provisions include false claims made with delibc
ignorance of the false information or in reckless disregard of the trut
falsity of information. If the City of Carlsbad seeks to recover pen2
pursuant to the False Claims Act, it is entitled to recover its litigl
costs, including attorney's fees. The Consultant acknowledges that
filing of a false claim may subject the Consultant to an administr
debarment proceeding wherein the Consultant may be prevented to act
Consultant on any public work or improvement for a period of up tc
years. The Consultant acknowledges debarment by another jurisdictic
grounds for the City of Carlsbad to disqualify the consultant fron-
selection process. (Initial)
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The consultant acknowledges that a significant portion of the sc~
of work has been the result of interagency coordination and theref
consultant activities must be carried out in a manner consistent with
scope of work.
The provisions of Carlsbad Municipal Code sections 3.32.0
3.32.026, 3.32.027, and 3.32.028 pertaining to false claims
incorporated herein by reference. (Initial)
14. STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for hereir
Consultant’s own way as an independent consultant and in pursuii
Consultant’s independent calling, and not as an employee of the (
Consultant shall be under control of the City only as to the result to
accomplished, but shall consult with the City as provided for in
request for proposal. The persons used by the Consultant to pro!
services under this agreement shall not be considered employees of
City for any purposes whatsoever.
The Consultant is an independent consultant of the City.
payment made to the Consultant pursuant to the contract shall be the
and complete compensation to which the Consultant is entitled. The
shall not make any federal or state tax withholdings on behalf of
Consultant or his/her employees or subconsultant. The City shall no’
required to pay any workers’ compensation insurance or unemployr
contributions on behalf of the Consultant or hidher employees
subcontractors. The Consultant agrees to indemnify the City and B
within 30 days for any tax, retirement contribution, social sect
overtime payment, unemployment payment or workers’ cornpens:
9
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payment which the City may be required to make on behalf of
Consultant or any employee or subconsultant of the Consultant for v
done under this agreement or such indemnification amount may
deducted by the City from any balance owing to the Consultant.
The Consultant shall be aware of the requirements of
Immigration Reform and Control Act of 1986 and shall comply with tt
requirements, including, but not limited to, verifying the eligibility
employment of all agents, employees, subconsultants and Consultants
are included in this agreement.
15. CONFORMITY TO LEGAL REQUIREMENTS
The Consultant shall cause all work and work products to conforr
all applicable requirements of law: federal, state and local. Consu
shall provide all necessary supporting documents, to be filed with
agencies whose approval is necessary and at the request of the Prc
Director.
16. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and analyses
herein required are the joint property of the City and the Board, whc
the work for which they are made be executed or not. In the event
contract is terminated, two copies of all documents, pl
specifications, drawings, reports, studies, and analyses shall be deliv
forthwith to the City and to the Board in both hard copy and in elect1
format in adherence with the scope of work. Consultant shall have
right to make one (1) copy of the documentation for hidher records.
use of information collected or prepared as a result of this agree1
shall not be published, presented or otherwise used by the Consu
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without prior written approval of the Project Directors for City and B(
Consultant agrees that all worManalyses shall be carried on cornpal
nonproprietary equipment and software to facilitate use by City and Bc
1 7. REPRODUCTION RIGHTS
The Consultant agrees that all copyrights which arise from cre,
of the work pursuant to this contract shall be vested in City and the B
and hereby agrees to relinquish all claims to such copyrights in favc
City and Board.
18. HOLD HARMLESS AGREEMENT
Consultant agrees to indemnify and hold harmless the Cit
Carlsbad and the Board and their officers, officials, employees, agents
volunteers from and against all claims, damages, losses and expe
including attorney fees arising out of the performance of the
described herein caused in whole or in part by any willful miscondu
negligent act or omission of the consultant, any subconsultant, an
directly or indirectly employed by any of them or anyone for whose
any of them may be liable,' except where caused by the active negligl
sole negligence, or willful misconduct of the City of Carlsbad or B
Consultant shall at his own expense, upon written request of the
defend any such suit or action brought against the City, its offi
officials, employees and volunteers. Consultant's indemnification of
or Board shall not be limited by any prior or subsequent declaration k
consultant.
19. ASSIGNMENT OF CONTRACT
The Consultant shall not assign this contract or any part thert
any monies due thereunder without the prior written consent of thE
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and Board.
2 0. SUBCONSULTING
If the Consultant shall subconsult any of the work to be perfor’
under this contract by the Consultant, Consultant shall be
responsible to the City for the acts and omissions of Consult:
subconsultant and of the persons either directly or indirectly empioyec
the subconsultant, as Consultant is for the acts and omissions of per:
directly employed by Consultant. Nothing contained in this contract t
create any contractual relationship between any subconsultanl
Consultant and the City. The Consultant shall bind every subconsu
and every subconsultant of a subconsultant by the terms of this con
applicable to Consultant’s work unless specifically noted to the con
in the subcontract in question approved in writing by the City and Bc
It is understood that the Consultant intends to engage tk
subconsultants for performance of .portions of the work:
- Science Applications International Corporation
- Kawasaki, Theilacka, Ueno & Associates (KTUt-A)
- Vantuna Research Group
- Wetland Research Associates, Inc.
2 1 m PROHIBITED INTEREST
No official of the City who is authorized in such capacity on b
of the City to negotiate, make, accept, or approve, or take pa
negotiating, making, accepting, or approving of this agreement,
become directly or indirectly interested personally in this contract (
any part thereof.
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22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent
employee of the City, either before, during or after the execution of
contract, shall affect of modify any of the terms or obligations hc
contained nor entitle the Consultant to any additional payment whatso
under the terms of this contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, “Hold Harm
Agreement,” all terms, conditions, and provisions hereof shall inure to
shall bind each of the parties hereto, and each of their respective t
executors, administrators, successors, and assigns.
24. EFFECTIVE DATE
-.
This agreement shall be effective on and from the day and year
written above.
25. CONFLICT OF INTEREST
The City has determined, using the guidelines of the Pol
Reform Act and the City’s conflict of interest code, that the Cons1
will not be required to file a conflict of interest statement E
requirement of this agreement. However, Consultant hereby acknowle
that Consultant has the legal responsibility for complying with
Political Reform Act and nothing in this agreement releases Cons[
from this responsibility.
2 6. INSURANCE
The Consultant shall obtain and maintain for the duration o
contract, and any and all amendments, insurance against claim
injuries to persons or damage to property which may arise out of
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connection with performance of the work hereunder by the consultant,
agents, representatives, employees or subconsultants. Said insur2
shall be obtained from an insurance carrier admitted and authorized tc
business in the State of California. The insurance carrier is require1
have a current Best’s Key Rating of not less than “A-:V” and shall r
with City’s policy for insurance as stated in Resolution No. 91-403
the insurance requirements of the Port.
A. Coveraaes and Limits.
Consultant shall maintain the types of coverages and minim
limits indicated herein:
1. Comprehensive General Liability Insurance. One M
($1,000,000) per occurrence for bodily injury, pers
injury and property damage and Two Million ($2,000,
annual aggregate limit. Said insurance shall conta
defense of suits provision. Where consultant use
operates vehicles (other than automobiles), water
or aircraft, coverage shall be provided as above.
aircraft insurance is held by a third party, City and
must be named as additional insureds for the dat
aircraft use.
2. Automobile Liability (if the use of an automobile is
involved for contractor’s work for the City). $1,000,000 combined sir
limit per accident for bodily injury and property damage.
3. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation limits as required by the Labor Code of the !
of California and Employer’s Liability limits of $1,000,000 per acc
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for bodily injury.
4. Professional Liability. Errors and omissions liabilit!
appropriate to the consultant’s profession with limits of not less
$1,000,000 per claim. Coverage shall be maintained for a period 01
years following the date of completion of the work.
B. Additional Provisions
Consultant shall ensure that the policies of insurance reql
under this agreement contain, or are endorsed to contain, the follc
provisions:
1. The City and the Board and their officers, offi
employees, agents and volunteers shall be named t
additional insured on all policies excluding Wor
Compensation and Professional Liability.
2. The consultant shall furnish certificates of insurance
the City and the Board before commencement of work.
3. The consultant shall obtain occurrence coverage,
excluding Professional Liability which shall be written as claims-
coverage.
4. This insurance shall be in force during the life of thc
agreement and any extension thereof and shall not be canceled witho
days prior written notice to the City and Board sent by certified mail
5. If the consultant fails to maintain any of the insurar
coverages required herein, then the City will have the option to dc
the consultant in breach, or may purchase replacement insurance o
the premiums that are due on existing policies in order that the re(
coverages may be maintained. The consultant is responsible fo
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payments. made by the &ty to obtain or maintain such insurance and 1
City may collect the same from the consultant or deduct the amount pl
from any sums due the consultant under this agreement.
27. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notic
or to receive written notice on behalf of the City and on behalf of 1
Consultant in connection with the foregoing are as follows:
For City: Title: Asst. Director of Planning
Name: Mr. Gary Wayne
Address: 2075 Las Palmas Drive
Carlsbad, CA 92009-4859
For Consultant: Title: Project Mgr./Prin. Consultant
Name: Mr. Keith Merkel
Address: 3944 Murphy Canyon Rd, Suite C-lot
San Diego, CA 92123
For the purposes of this contract it is understood that Mr. Keith Merkel
the Consultant Project Manager and that this duty may not be reassign
without formal request by consultant and express written permission
City and Board. City and Board reserve the right to disallow change
Project Managers and reserve the right to select a qualified Projt
Manager at its discretion at no additional cost to the contract. TI
Project Manager may be selected from consultant’s firm or a qualifi
member of a subsonsultant listed herein.
16
e e
2 8. BUSINESS LICENSE
Consultant shall obtain and maintain City of Carlsbad and City of
Angeles Business Licenses for the duration of the contract.
29. AVAILABILITY OF FUNDING
The City's obligation for payment of any contract funds beyonc
current fiscal year end is contingent upon the availability of funding
which payment can be made. No legal liability on the part of the City
arise for payment beyond June 30 of the calendar year unless funds
made available for such performance.
3 0. ENTIRE AGREEMENT
This agreement, together with any other written document ref1
to or contemplated herein, embody the entire agreement and understar
'between the parties relating to the subject matter hereof. Neither
agreement nor any provision hereof may be amended, modified, waivc
discharged except by an instrument in writing executed by the 1
against which enforcement of such amendment, waiver or dischars
sought.
17
e e
Executed by Consultant this 3 4 day of LL-t-L ,W 76
CONSULTANT, Merkel & Associates, CITY OF CARLSBAD, a municipal Inc.
By: h%md
BARBARA L. MERKEL
President
ATTEST:
By: y& /flL,&& - / By: &QixL -
KEITH W. MERKEL ALETHA LgiA6ii~
Vice PresidenUSecretary City Clerk
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
1
< ).I
~egaty Cituttorney
4TT-t: I> /Lu@T
CALIFORNIA ALL-PURP a ACKNOWLEDGMENT a
- -I
On '&"PML/~-~~, 194 b beforeme,Ae,nr\.,Lc k. crs&..,t\s+a~-~ Qd
personally appeared sa f h+c-~.~~ecke~ ann ~p;~b,~erkSI-\
Date ' Name and Title of Officer (e.g., "Jane de, Notary Publc")l
Name($ of Slgner(s)
whose name(s)m'are subscribed to the within instrur
and acknowledged to me thath&e/they executec
same in h&w-/their authorized capacity(ies), and tha
hdhor/their signature(s) on the instrument the persor
or the entity upon behalf of which the person(s) ac
executed the instrument.
WITNESS my hand and official seal.
Though the information below is not required by law. it may prove valuable to persons relying on the document and could pre
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Number of Pages: 14 + {
Capacity(ies) Claimed by Signer(s)
Signer's Name: K ai.Jt, c-) I me ck
III individual - Individual .. .
: ; Partner - iIlJ Limited :~ i General
i I Guardian or Conservator L Guardian or Conservator
Signer Is Representing: Signer Is Representing:
Me.Ckez"~
ass 5S&..." "
G. 1994 National Notary Assoc~amn - 8236 Rerrirwt AVP PO Box 7184 * Cmopa Park, CA 01309-7184 Prod No 5907 Reorder: Call Toll-FI
Merkel & Associates, Inc. December.
BATIQUITOS LAGOON LONG-TERM BIOLOGICAL
MONITORING AND PILOT VEGETATION PROGRAM
SCOPE OF WORK
TASK 1.0 LONG TERM BIOLOGICAL MONITOFUNG PROGRAM
1.1 Vegetation
1.1.1 Wide-scale Vegetation Assessment
Vegetation Mapping
The system-wide vegetation mapping and trend analyses to be conducted within the Lagoon will use
tools including aerial imagery and intermediate digital rectification topography, computer-enhanced :
analyses, ground-truthing, GIs-assisted trend analyses and change quantification. Using the prc
digital images of the false color infrared ortho-photographs taken in May-June, or alternatively, in
of years 1, 2, 3, 5, and 10. vegetation in and surrounding the lagoon will be plotted.
Ground Trrcthing and Map Veriflcation
Once maps are plotted, ground-truthing will be conducted by random selection of 200 proof points,
as focused reviews of problematic areas. In subsequent years, ground-truthing will be driven by
GIS layer comparisons indicating changes between spectral reflectance of the near infrared and visib
bands. Again. proof points will be randomly selected, but selection will be from the reduced
changed habitats. This approach will be continued for each consecutive year.
Incidental Observations on Habitat Status
During the course of field truthing and transect sampling (Task 1.1.2), areas showing high le
disturbance, exotic species infestations, and vegetation stress, damage, or disease will be not
identified using differentiai Global Positioning System (dGPS). Information will be incorporated
monitoring year GIS vegetauon layer as attribute codes on point or polygon data. The develop1
unique or high-interest vegetation ieg. the first occurrences of cordgrass, or evidence of new
drainage patterns) will also be noted using a comparable approach.
Habitat Development Analyses
To analyze habitat development trends, GIS vegetation layers will be used to illustrate habitat chan;
to calculate habitat conversions or expansions into unvegetated areas. The M&A Team will includt
topography layers along with vegetation layers to better evaluate the role of elevation in
development.
1.1.2 Transect Vegetation Monitoring
Sampling Approach
M&A will generally adopt the sampling locations and approach taken in the 1994 pre-cons:
monitoring; however, the following modifications are to be made in order to increase the informatio
0
0
An additional eighth monitoring station will be added along the southeastern portio
site where San blarcos and Encinitas Creeks first enter the lagoon.
Soil samples will be taken along vegetation transects to determine grain size distr
total organic carbon !TOC) content, redox potential, and nitrate-nitrogen.
Once transects are randomly established along a baseline extending perpendicul:
lagoon contours, they will be permanently monumented and will be re-survey
consecutive year. Elevations of the transects will be established by survey and ss
levels and monitored by the use of deeply-seated, off-set grade stakes.
EXHIBIT A
Merkel & Associates, Inc. e a December 3,
0
a
Vegetation transects will be documented photographically from a fxed position during
monitoring interval.
Along with the cover, overlap cover, and species composition, canopy height wi
recorded to provide information on vegetation structure.
Data Analyses and Reporting
Quantitative vegetation data wiil be presented in both graphic and tabular layouts. Data will be evall
based on standard reporting and 10-year success milestone requirements for pickleweed. In addition,
a function of elevation, soil salinity, total organic carbon, and soil nitrate-nitrogen; and vegetation (
as a function of the same physical parameters.
will be analyzed for species composition as a function of elevation and soil salinity: vegetation structu
1.2 Fisheries Studies
The fish monitoring program will include quarterly sampling conducted in January, April, July
October of each monitoring year. A dayhight sampling will be conducted at each quarterly monitl
interval during the first year. Equipment utilized will include large seine, small seine, square enclo
beam trawl, purse seine, and otter trawl. Each type of equipment will be employed as required based
water depth and sediment characteristics. Three-fold replication will be done for all stations and
Sampling will occur at the five stations established in the pre-dredging monitoring program and w
similar in location to the distribution of stations indicated in the present RFP. Differential GPS will be
for survey positioning and navigation of trawl lines of a standard length and locations. Along wit
collection of fisheries information on species and individual counts, individual standard lengths
biomass. Surficial abnormalities will be noted.
Sampling Approach
Data Analysis
Analytical treatment of the fish data will be conducted using both parametric and non-parametric stat
to evaluate temporal and spatial trends in fish community structures within the Lagoon. Statistical
which will be applied in the analyses include a one-way analysis of variance (ANOVA) and SNK mu
range tests. Prior to statistical testing for community parameters, cluster analyses will be performed
the SAS procedure (PROC CLUSTER)..
1.3 Benthic Investigations
Benthic invertebrates wiIl be sampled twice a year (December-January and June-July) at each of
stations discussed for fisheries studies. Samples will be collected intertidally between 2 and 4 feet M
and subtidally below -2 feet MLLW by shore staff worlung at low tide. At each station. a 6-inch (1:
core sampler will be used to extract 5 subtidal and 5 intertidal samples at randomized locations witi-
meters of the sampling station. A 100 gram subsample will be taken and washed through a 0.5m
while the remainder of each sample will be washed through a 1.Omm sieve. One additional sample P
collected from each tidal elevation in order to conduct grain size and TOC analyses. Organisms fro
and total wet weight of each sample. The 100 gram subsample will be treated in the same manner.
will allow for a determination of the biomass and organism numbers comprised by smaller animals 1
may not be directly available to fish and birds as prey items. Finally, all samples will be cataloge
preserved as separate groups in a 10% formalidseawater solution and transferred to 70% ethanol aft(
week for long-term archival.
Infaunal Sampling
samples will be identified as to major taxonomic groups, and weighed to determine the group compo
Epibenthic Sampling
’ A quadrat sampling program will be used to characterize macro-epibenthic fauna within the same
examined for infama. For this work, a lm’ quadrat will be randomly placed within intertidal and su
areas and direct observational counts of macrofauna will be made. A total of 3 to 5 quadrats u
EXHIBIT A
0 Merkel & Associates, Inc. e December 3,
sampled for each tidal zone by workmg in intertidal and shallow subtidal areas at low tide. One pro1
addition to the sampling effort involves the quantification of both macrophytes (predominately macro-a
and any associated epifauna resources. To account for highly mobile species, the fisheries square end
will include the use of fine mesh sweep nets to capture orgamsrns from the surface of the sediment. '
samples will be bagged in the field and sorted and weighed later in the laboratory.
Dafa Analyses and Repom'ng
Both infaunal and epibenthic data will be analyzed using parametric and non-parametric statistics to ev
spatial and temporal trends. Sediment grain size and TOC will be examined as correlates to corn
composition and biomass. Log transformation will be required to normalize sample variance. Pr
statistical testing for community parameters, cluster analyses will be performed using the SAS proc
(PROC CLUSTER). Hierarchical clusters will be formed using physical parameters as sorting in1
Statistical tools to be applied include one-way ANOVA and SNK multiple range tests.
1.4 Avian Surveys and Habitat Use
1.4.1 General Avian Survevs
Survey Techniques and Study .4reas
Surveys will be conducted in January. March, July, and October of each survey year. Surveys Y conducted within the 6 Lagoon study blocks of the 7 originally defined avian study blocks. Survel
be conducted over two consecutive days during each survey interval. Doubie counting will be mini
by performing simultaneous survey of multiple areas. Surveys of all east basin blocks (Areas 2-5) \
conducted concurrently, as will surveys of the west and central basin blocks (Areas 6 and 7). Three
person teams of trained field ornithologists will cover the areas by conducting saturation surveys o
and from a boat. Surveys will be conducted over one-half tidal cycle (approximately 6 hours) and \
scheduled to coincide with the full range in tidal inundation levels. During the survey, hourly reco
tide height, as measured by a permanent staff gauge, will be made. Surveys will occur only when
wind speeds are less than 10 knots. as determined using a hand-held anemometer. Collected dal
include species, counts. activities of birds. habitat in which the birds are occurring, and any factors
may be influencing the behavior of the birds. It is understood that monitoring of California least le
snowy plover sites and predator control associated with lagoon manasement will be carried out
California Department of Fish and Game.
Data Analysts and Reponing
Parametric statistics will be applied to analyze relationships between available habitat and avian abu~
and activities by guilds of birds. Further analyses will examine seasonal abundance patterns by gu
inter-annual abundance. Statistical tools will include cluster analysis, ANOVA, and standard t-tc
single factor comparisons.
1.4.2 Belding's Savannah Sparrow Sunlevs
Surveys for the state endangered Belding's Savannah Sparrow will be performed two times each year
the breeding season (April through July) for the duration of the monitoring effort. During tk
monitoring year aerial photographs and previous survey methodology and results will be review
permanent census stations will be established. CDFG and other appropriate agencies and organizatic
be notified prior to survey work. Surveys will be performed by six qualified individuals on 01
Collected data will include location of singing males and resting females, breeding behavior (!
carrying food for young), presence of fledglings, and presence of potential predators. Survey res
each year will be summarized in a report that will include a table and map documenting estimated I
and territories of breeding paris and fledglings.
1.5 Water Quality/Sediment Investigations
Water quaiity parameters of dissolved oxygen, temperature, turbidity, and conductivity wlll be san:
field data collection parameters using a rnultiprobe Hydrolab Datasonde IV. Chlorophyll a
1.5.1 Water Quality Sampling
EXI-flB17' A
Merkel & Associares, Inc. December 3,
determined by laboratory analyses. Sampling will be done quarterly, concurrent with fisheries studic
data will be collected. Sampling will be performed from shore and boat. Data will be summarized in i
and be used as independent variables in the statistical analyses as has been discussed in prior sections.
water and sediment quality samplings will be coordinated with the CDFG monitoring program to max
synoptic data collection and use of data.
each of the 5 fish and benthic stations. Where water depths allow, surface, mid-depth and bottom con1
1.5.2 Sediment Quality and Character
Sediment sampling will be conducted quarterly at the location of benthic sampling stations and alor
vegetation sampling transects at three different elevation zones. Sampling will include three-fold replic
for all field sample parameters including porewater salinity, conductivity, pH, and redox pote
Sampling will be done on porewater extracted at 5 cm and 15 cm depth. Where soils are too dry to e
a suitable porewater sample, salinity and pH will be determined through collection of samples and rex
to the laboratory to conduct analyses on rehydrated soils following the saturation paste methods ou
by Richards (1954). Redox data wiil not be attainable from excessively dried soils.
Sediment texture and TOC will be determined on materials from the top 5cm surface sediment layer.
100 ml samples of sediment will be collected at each station and will be transported on ice to the labor
One sample will be analyzed for TOC and kept frozen until analyses are conducted. The second s
will be tested for $rain-size distribution and stored at 4°C until tests are completed. TOC tests v
completed following standard ASTM test merhods of high temperature combustion and non-disp
infrared detection of COz (ASTM 2579, EPA 41.5). Grain size distribution will be completed by wet
standard methods through an ASTM E-1 1 sieve stack in accordance with ASTM D-1140 protocols.
will be presented as grain-size distribution and percent gravel, sand, silt. and clay.
1.6 GIS Spatial Data Managernent/Aerial Imagery
Standards will be set for the GIS database. computer mapping, aeriai photography, field mapping, an
input. State plane coordinates will be used along with NAD 1983 datum. Appropriate mapping and g control standards will be used to allow for multi-year rezismrion of aerial images. topography, an(
mapping notes. GIS database products will be used to document not only changes, but to serve as ana
tools in evaluating cause and effect relationships between data. To support this goal, GIS data manag
will be integrated into the field sampling and data collection procedures to ensure continuity in the pro
1.6.1 Develop Mappins Methodoiogv
1.6.2 Collect Existing GIS and Other Mapping Data
Regional and sub-regional data will be reviewed from KTU+,4’s existing SANDAGIMSCPIMHCPl?
files. These fiies will be supplemented with CAD files from the City of Carlsbad. They will a
integrated with digital map data collected from the Port of Los Angeles, as well as with physical ani
data provided by CDFG. Other existing data sources will be identified and a method to integrate the
the project database will be developed.
1.6.3 DrawingiCoverage Preparation
Sample plots of base map information will be used to verify the project limits and provide more 1
boundaries for future flights. The initial aerial flight will produce base map information in additior
digital orthophoto. Data layers will be organized and a GIS layering scheme will be developed. A I
for identibig contents, source and mapping standards will be developed for the data layers; these fi
be used in registration. Errors will be analyzed and noted for future ground truthing. Onc
construction “as built” data files are made available, they will also be integrated with the other GIS
EXHIBIT A
Merkel & Associates, Inc. 0 0 December 3
1.6.4 Digital OrthotoDograDhv
Close attention will be given to setting flight schedules including time of year, tidal position, solar
and weather conditions. Survey crews will be used to set several ground control points to serve as tht
for multi-year photogrammetric products. Subsequent checking of these ground points will occur t
each monitoring year flight. Aerials will be taken using false color infrared negatives using a Zeiss
Top camera with digital interface and Forward Motion Compensation. Flights will require two
tracks with 60% forward overlap and 30% side lap needed to provide adequate stereo pairs. Thes
altitude shots will be taken at a scale of 1'' = 400'. An overall spot shot will be taken of the entire 1
and its immediate environs.
Photography will be aerotriangulated using ground control and placed on NAD 83 CA State Plan 2
and NGVD 29. A Digital Elevation Model IDEM) of the project area will be produced using direct
photogrammetric methods. For :he initial year, a more detailed DEM will be used an
photogrammetric base mapping will be provided. The MLLW tide line will also be digitized. The o aerial film will be scanned at 12.5 micron in 24 bit 3 band color, Ten orthophoto images will be
using the aerial photography scam, DEMS and the aerotriangulation orientation elements. Images
tiled in 2,500' by 3,000' tiles and processed as TIFF images. The rectified ortho-photo image
processed for maximum accentuation of wetland vegetation and subtidal water penetration. The initi
image will be processed. and with the help of field biologists, sample vegetation spectral signatures
identified to help with unattended rastor classification. The system will be adjusted based o
verification until a high level of accuracy can be obtained. The trained model will be used as the bz
future image classification and change detection efforts.
1.6.5 GIS Database Development KTU t,4 will integrate previous data and mapping efforts and will work with the client and 0th
members to specify a common and defensible baseline. Remaining efforts on database development
the inputting. digitizing, and linking data from the biological monitoring results. Data on bathy
sedimentation. and tides provided by CDFG will also be input. All tabular field data will be connect'
spatial data points and polygons in the GIS coverage.
The classified data resulting from spectra1 analysis will be used as a basis for vegetation bc
adjustments. Tracing and adjusting polygon edges will be completed at this stage. A composite ve!
map will be produced and verified by the field biologists. A quantitative summary of these habit
be produced. Subsequent mapping efforts will rely on corrected digital orthophoto images, proces
spectral classification and highlighted with changes resulting from the previous years for compari:
proof plot indicating probable changes will then be used in the field to verify or correct the aut
classification and change detection system. The annual extent of native and nonnative habitats
summarized and the Pilot Revegetation areas will be noted and compared with subsequent image
1.6.6 GIS Amlication Development
Beyond the deliverables of Arcinfo files. an effort will be included that will convert all UNIX 1
layers, and attribute descriptions. The data use requirements will be identified by reviewing the cc
hardware, software, and training levels of both the City of Carlsbad and the Port of Los Angeles.
uploads of [he data in ArcView and Arcinfo formats will be accomplished. A training manual de:
the contents, sources, and uses of the database will also be delivered at the end of the first monitoril
coverage into DOSiWindows NT based ArcView files. These files will include legend developmen[
EXHIBIT A
Merkel & Associares, Inc. 0 e December 3,
TASK 2.0 PILOT VEGETATION PROGRAM
2.1 Eelgrass Restoration
Receiver site selection will take into consideration, elevation, current regime, sediment consistencj
stability, turbidity, and available light. The selection process will also include consideration of proxi
of donor beds to planting sites, donor bed density and health, and recovery potential. In addition t(
suitability factors, the selection of planting sites will include consideration of prevailing currents and
patterns in order to maximize the potential for planted eelgrass to colonize new areas. At the present I
it is anticipated that eelgrass will primarily be harvested from Agua Hedionda Lagoon and Oceal
Harbor. Another possible harvest area is Mission Bay. Based on approved harvesting and pla.
programs, M&A will obtain a letter of permission from CDFG to harvest eelgrass from salvage sit.
2.1.1 Restoration Area and Donor Site Selectjon
2.1.2 Transplant Program
A total transplant of 1 .O acre distributed over 10 different sites, each approximately 0.1 acre in siz
be conducted. In order to allow time for the system to stabilize with the restored tidal condition planting of eelgrass would be delayed until early in the second year (March-April 1998).
2.1.3 Transplant Monitorinq
Transplant areas will be mapped using GIS and staked in the field with deeply set PVC pipe. GPS PO:
will be taken for transplant corner points. The transplant areas wilI be reviewed 3 and 6 months
planting to determine the qualitative condition of the plantings. Quantitative monitoring will be cond
at 12, 36, and 60 months post planting (years 3, 5, and 10). This monitoring will include a review '
turion densities within the transplant plots and will also include transecr-based assessments of ee
coverage.
2.2 Cordgrass Restoration
Cordgrass will be collected from as many sites in the region as is practical. Key among the donor
will be Agua Hedionda Lagoon. Los Penasquitos Lagoon, the San Dlego River Channel, and San Di
Lagoon.
2.2.1 Restoration and Donor Site Selection
2.2.2 Transulant Program
A total transpfant of 1.0 acre distribured over 20 different sites, each approximately 0.05 acres in si2
be conducted. All transplant sites will be mapped using dGPS and GIS. Planting of cardgrass \i
delayed until early in the second year (March-April 1998) in order to allow the system time to stat
2.3,.3 TransDlant Monitoring
Concurrent with the eelgrass monitoring effort, the cordgrass transplant areas will be reviewed 3
months after planting to determine the qualitative condition of the plantings. Quantitative monitorir
be conducted at 12, 36, and 60 months post-planting (years 3, 5, and lo).
TASK 3.0 CONSTRUCTION REVEGETATION PROGRAM
3.1 Pickleweed Revegetation Monitoring
Because of the need to conduct establishment monitoring of the new planting effort in accordanc
construction specifications, a one-time focused review will be conducted and the success of the plantir
respect to the construction contract survival criteria will be determined.
Exmm A
Merkel & Associates, Inc. 0 e December 3,
3,2 Establishment Monitoring Report
A monitoring report will be prepared separately from the long-term monitoring reports and w
completed at the end of 1997. The report will be submitted to the City/Port Project Director(s) to ev;
contractor compliance with construction specifications and to document completion of the requiremer
site construction as required by the California Coastal Commission.
TASK 4.0 REPORTING PROGRAM
4.1 Quarterly Reports
Director(s) in early April, July, October, and late December of each calendar monitoring year. Sel
Interim quarterly reports will be prepared in each monitoring year and submitted to the City/Port P
that pertain to study methods and results will be organized by resource (Le. vegetation. fisheries,
Statistical analyses will not be included in quarrerly reports, but will be included in annual re
Quarterly reports will follow the outline below:
Summary Executive Summary of the information included in the report, empha
important data
Section 1.0 Introduction (1.1 - Project Background, 1.2 - Regulatory Requirements,
Purpose and Goals of Quarter)
Section 2.0 Study Methods (2.1 - Surveys and Work Conducted. 2.2 - Survey Schedule
Study Methods. 2.4 - Limitations or Complications Encountered)
Section 3.0 Results and Analyses (3.1 - Results of Investigations, 3.2 - Analyses Condl
3.3 - Analyses Deferred Until Annual Reports (temporal or multi-period))
Section 4.0 Conclusions and Recommendations (4.1 - Preliminary Conclusions,
SuccessiMilestone Evaluations. 4.3 - Recommendations)
Section 5.0 Status of Monitoring Program (5.1 - Compliance with Schedules and S
Requirements. 5.2 - Deviations from Study or Analysis Program, 5.3 - Upcl
Scheduled Monitoring. Reporting, and Meeting Events)
Section 6.0 Raw Data Appendices
4.2 Annual Reports
4.2.1 Draft Report Preparation
An annual report will be prepared at the conclusion of each monitoring year. This report will sen
stand-alone document and will provide details on survey methods, results, analyses and tests cond
conclusions, and recommendations made during the course of the monitoring year. A total of seven I
copies of this draft report will be submitted to the CityiPort for review and comment.
4.2.2 Final Annual Reports
The final annual report will be prepared following receipt of comments from the Project Director(s)
executive summary for each annual report will provide a comprehensive summary of study methol
results, as well as progress of the program and recommendations made during the year; this summa
serve as a stand alone document. Twenty-five copies of the final annual report for each monitorin
will be submitted to the Project Director(s) along with a camera-ready, unbound original and digit;
in Wordperfect or MS Word and Excel file formats. CIS digital data files will be provided on high (
tapes or other suitable media.
EXHIBIT A
Merkel & Associates, Inc. e e December 3,
TASK 5.0 MEETINGS AND PROJECT COORDINATION
5.1 Annual Interagency Meeting
Early in the first quarter of each monitoring year M&A will conduct an interagency meeting. Tht
meeting will be conducted in early 1997 and will outline the proposed monitoring program. Subses
meetings will be held in years 2, 3, 5, and 10 to discuss monitoring results and to discuss the upcc
monitoring year.
5.2 As-requested Meetings
M&A will provide the necessary exhibits, administrative support, and technical staff to assist in
meetings. It has been assumed for the purposes of project budgeting that one public meeting per rnoni
year (1, 2, 3, 5, and 10) will be held and that it will follow the annual interagency meeting.
5.2.1 Public Meetings
5.2.2 As-Needed Meetings or Services
This task establishes a floating meeting and services account to be drawn upon as-needed by M
authorization of the CityPort Project Director(s). This task is not a specifically scheduled task and v
billed only if time or resources are actually authorized and expended.
TASK 6.0 HABITAT VALUATION ASSESSMENT
6.1 Program Refinement and Calibration
Prior to conducting habitat valuation assessments, a focused workshop will be held with resource age
the Port. and City to discuss the attributes of the valuation model and how data are input manage
evaluated by the BETTER model. During the third quarter of the second year of the present stud
working in concert with the CityiPort Project Director(s) and resource agencies. data sets will be se
for comparison and comparable data sets will be assembled from the existing information and the p
study.
6.2 Data Compilation and Formatting
From the selected data sets, information will be appropriately organized for input into the BETTER
using Excel and Paradox software.
6.3 Data Analyses and Model Runs
The BETTER model will be run to make the comparisons of habitat values for Los Angeles Outer H
pre-enhancement Batiquitos Lagoon. and the 3-year post-enhancement conditions. In years 5 and 1
model will be augmented with new data to examine changes in values with increased establishmen
6.4 Report Preparation and Presentation
Information from the habitat valuation program will be prepared and provided in a separate report frc
long-term monitoring propm. This report will be prepared in draft and final versions and v
inrernally reviewed for clarity. technical accuracy, and presentation quality prior to being released. i
of seven review copies of the draft report will be submitted to the CityPort for review and con
Twenty-five copies of the final annual report for each monitoring year will be submitted to the F
Directorjs).
EXHIBIT A
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* RATE SHEET e EX1
LONG-TERM BIOLOGICAL MONITORING AND
PILOT REVEGETATION PROGRAM FOR THE
BATIQUITOS LAGOON ENHANCEMENT PROJECT
Yr. 1 Yr. 2 Yr. 3 Yr. 5 Yr. 10
Merkel & Associates
Merkel, K. $ 105.00 $ 107.21 $ 109.46 $ 114.10 $ 126.
Mayer, D. $ 65.00 $ 66.37 $ 47.76 $ 70.63 $ 78,
Reiser, C. $ 65.00 $ 66.37 $ 67.76 $ 70.63 $ 78.
Ince, K. $ 65.00 $ 66.37 $ 67.76 $ 70.63 $ 78
Cull, K. S 60.00 $ 61.26 $ 62.55 $ 65.20 $ 72
Hamilton, P. $ 52.00 $ 53.09 S 54.21 $ 56.51 $ 62
Hanson, H. $ 52.00 S 53.09 $ 54.21 $ 56.51 $ 62
Beard, H. $ 42.00 $ 42.88 $ 43.78 $ 45.64 $ 50
Spiegleberg, M. $ 42.00 $ 42.88 $ 43.78 $ 45.64 $ 50
Woodfield, R. $ 42.00 S 42.88 $ 43.78 $ 45.64 $ 50
Bio. Techician S 35.00 $ 35.74 S 36.49 $ 38.03 $ 42
Graphics Technician $ 42.00 $ 42.88 $ 43.78 $ 45.64 $ 50
Word Processing S 35.00 $ 35.74 $ 36.49 $ 38.03 $ 42
Revegetation Crew $ 28.00 $ 28.59 $ 29.19 $ 30.43 $ 33
Lunz, J. S 105.00 $ 107.21 $ 109.46 $ 114.10 $ 126
Lissner, A. $ 93.39 $ 97.83 S 99.52 $ 103.39 $ 113
Mullen, T. S 54.04 $ 56.63 S 57.58 $ 59.83 $ 65
Heilprin, D. $ 48.97 $ 51.29 $ 52.18 $ 54.20 $ 59
Stephens, J . $ 108.14 S 111.38 $ 114.72 $ 121.71 $ 141
Bond, A. S 72.90 $ 75.09 $ 77.34 S 82.05 $ 95
Morris, P. $ 36.45 $ 37.54 $ 38.67 $ 41.02 $ 47
Singleton, M. $ 75.00 $ 76.58 $ 78.18 $ 81.50 $ 90
Carpenter, M. $ 50.00 $ 51.05 $ 52.12 $ 54.33 $ 60
Keane, K. d 55.00 $ 56.16 $ 57.33 $ 59.77 $ 60
Baxter, R. $ 50.00 $ 51.05 $ 52.12 $ 54.33 $ 6C
Campbell, K. S 45.00 $ 45.95 $ 46.91 $ 48.90 $ 54
Coleman, V. $ 45.00 $ 45.95 $ 46.91 $ 48.90 $ 34
Josselyn, M. $ 155.00 $ 158.26 $ 161.58 $ 168.44 $ 18t
Whelchel, A. $ 57.75 $ 58.96 $ 60.20 $ 62.76 S 65
SAIC
Vantuna
KTU+ A
Keane Biological Consulting
Ilamilton, R. 3 45.00 $ 45.95 $ 46.91 S 48.90 $ 54
Wetlands Research Associates